Gauhati High Court
Airport Authority Of India vs Sri Bhagi Ram Kakati And 2 Ors on 8 August, 2023
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GAHC010001282016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : LA.App./13/2023
AIRPORT AUTHORITY OF INDIA
REPRESENTED BY THE COMMIERCIAL MANAGER, LGBI AIRPORT,
GUWAHATI.
VERSUS
SRI 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
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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.
------------
For the Petitioner(s) : Mr. R. Dubey, Advocate
For the Respondent(s) : Mr. H. Sarma, Advocate
: Ms. M. D. Chowdhury, Advocate
: Ms. M. Baruah, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08.08.2023
1. The entire batch of Land Acquisition appeals have been taken up for
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hearing. It transpires that some of the appeals such as LA Appeal No.37/2017,
LA Appeal No.38/2017, LA Appeal No.22/2018, LA Appeal No.23/2018, LA
Appeal No.2/2020 and LA Appeal No.2/2021 are yet to be admitted by this
Court. Taking into account that other appeals in respect to assailing the said
judgment have already been admitted, this Court therefore admits the appeals
i.e. LA Appeal No.37/2017, LA Appeal No.38/2017, LA Appeal No.22/2018, LA
Appeal No.23/2018, LA Appeal No.2/2020 and LA Appeal No.2/2021.
2. The Registry is directed to call for the records of Reference Case
No.55/2001 which are lying in the Office of the Court of the Additional District
Judge No.1, Kamrup (M) at Guwahati.
3. Taking into account that the acquisition proceedings was of the year 1997
and the claimants have been pursuing the litigation for more than 2 (two)
decades, this Court directs the Registry of this Court to forthwith call for the
records so that this Court can take up this matter again on 17.08.2023 for final
disposal.
4. This Court however expresses great displeasure at the conduct of the
learned counsel appearing on behalf of the Respondents for the purpose of not
preparing this matter.
5. Mr. H. Sharma, the learned Standing counsel appearing on behalf of the
District Collector, Kamrup (M) shall also apprise this Court as to on what basis
the compensation was fixed at Rs.20,000/- per Katha in respect to the land
acquired in LA Case No.27/1995. This Direction is so issued taking into account
that it is the burden upon the Collector in view of the judgment of the Supreme
Court in the case of Land Acquisition Officer and Mandal Vs. Narasaiah reported
in (2001) 3 SCC 530 to place before the Reference Court the basis on which the
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compensation was fixed.
6. The Registry shall also show the name of Mr. H. Sharma, as the Standing
counsel for the District Collector, Kamrup (M).
7. List accordingly.
JUDGE
Comparing Assistant
