Citation : 2023 Latest Caselaw 1510 Gua
Judgement Date : 12 April, 2023
Page No.# 1/3
GAHC010144342017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3397/2017
AIRPORT AUTHORITY OF INDIA
REPRESENTED BY THE COMMIERCIAL MANAGER, LGBI AIRPORT,
GUWAHATI.
VERSUS
BHAGI RAM KAKATI and 2 ORS,
S/O NOT KNOWN, R/O VILL. GARAL, MOUZA RAMCHARANI, DIST.
KAMRUP, ASSAM, PIN 781017
2:THE STATE OF ASSAM
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM
REVENUE LR DEPTT.
DISPUR
GUWAHATI-06
3:THE DIST. COLLECTOR
KAMRUP
ASSAM
Advocate for the Petitioner : MR. P K BORAH
Advocate for the Respondent : MRS M D CHOWDHURY
Linked Case : LA.App./54/2018
Page No.# 2/3
AIRPORT AUTHORITY OF INDIA
CONSTITUTED UNDER THE PROVISIONS OF AIRPORT AUTHORITY OF
INDIA ACT 1994 (AMENDMENT 2003) HAVING ITS OFFICE AT LOKAPRIYA
GOPINATH BORDOLOI INTERNATIONAL AIRPORT REPRESENTED BY
AIRPORT DIRECTOR
LGBI AIRPORT
GUWAHATI.
VERSUS
SRI KANAK CH DAS and 3 ORS
S/O NOT KNOWN
2:SRI DHUTIRAM DAS
SONS OF NOT KNOWN
ALL ARE R/O VILL. GARAL
MOUZA RAMCHARANI
DIST. KAMRUP
ASSAM.
3:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE LR DEPTT.
DISPUR
GUWAHATI-06.
4:THE DISTRICT COLLECTOR
KAMRUP
ASSAM.
------------
Advocate for : MR. S BORTHAKUR
Advocate for : MRS. M D CHOWDHURY (R - 1
2) appearing for SRI KANAK CH DAS and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
12.04.2023
Mr. R. Dubey, learned counsel for the applicant submits that there has been a delay of 221 days, in preferring the connected LA appeal against the judgment and decree dated 30.05.2015 and 04.12.2015, passed by the learned Additional Page No.# 3/3
District Judge No.1, Kamrup(M), Guwahati in Reference Case No.196/2001 arising out of LA Case No.27/1995.
Mr. N. Barua, learned counsel appearing on behalf of Ms. M.D. Choudhury, learned counsel for the private respondent; Ms. N. Bordoloi, learned counsel appearing for the respondent no.2 and Mr. T.R. Gogoi, learned counsel appearing for the respondent no.3 submit that they have no objection to the delay being condoned.
On perusing the reasons for the delay provided in the application and keeping in view the submissions made by the learned counsels for the respondents, this Court finds that sufficient cause for the delay has been made out. Accordingly, the delay of 221 days in filing the appeal is condoned.
I.A. is accordingly disposed off.
Registry to register the appeal and list the matter on 21.04.2023.
JUDGE
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