Page No.# 1/4 vs Oil India Ltd And Ors
2023 Latest Caselaw 42 Gua

                                                              Page No.# 1/4

GAHC010007862012




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/4053/2012

         ON THE DEATH OF MUNINDRA NATH ACHARYEE, HIS LEGAL HEIRS MRS.
         RENUPROBHA ACHARYA
         W/O LATE MUNINDRA NATH ACHARYA, PENGAREE CHARIALI, P.O.
         PENGAREE, DIST- TINSUKIA, ASSAM, PIN-786174

         2: DEBAJIT ACHARYYA
          S/O LT. MUNINDRA NATH ACHARYEE
          PENGAREE CHARIALI
          P.O. PENGAREE
          DIST- TINSUKIA
         ASSAM
          PIN-786174

         3: PALLABI BORTHAKUR
         W/O MADHURYA BORTHAKUR
          GELLAPUKHURI ROAD
         TINSUKIA
          PIN-786125

         4: BIDYUT ACHARYE
          S/O LT. MUNINDRA NATH ACHARYEE
          GELLAPUKHURI ROAD
         TINSUKIA
          PIN-786125

         5: BIKASH ACHARYA
          S/O LT. MUNINDRA NATH ACHARYEE
          GELAPUKHURI ROAD
         TINSUKIA
          PIN-786125

         6: NABAJIT ACHARYA
          S/O LT. MUNINDRA NATH ACHARYEE
          FLAT-6B
                                                                    Page No.# 2/4

             BLOCK-1
             NESCON IMPERIAL
             BHETAPARA NEAR NIRIBILI COMPLEX (BARNALI PATH)
             P.O. BHETAPARA
             GUWAHATI
             ASSAM
             PIN-78102

            VERSUS

            OIL INDIA LTD and ORS.
            A GOVT. OF INDIA ENTERPRISE, REPRESENTED BY THE CHAIRMAN and
            MANAGING DIRECTOR, OIL INDIA LTD., 5 SIKANDRA ROAD, NEW DELHI-
            110001

            2:GROUP GENERAL MANAGER
             OIL INDIA LTD.
             DULIAJAN
             P.O. DULIAJAN
             DIST- DIBRUGARH
            ASSAM
             PIN-786602

            3:CHIEF MANAGER LAND
             OIL INDIA LTD.
             DULIAJAN
             P.O. DULIAJAN
             DIST- DIBRUGARH
            ASSAM
             PIN-786602

            4:DISTRICT COLLECTOR and DY. COMMISSIONER
            TINSUKIA
             P.O. and DIST- TINSUKIA
            ASSAM
             PIN-786602

            5:THE STATE OF ASSAM
            THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
            ASSAM
             REVENUE DEPARTMENT
             DISPUR
             GHY-

Advocate for the Petitioner   : MR.R HAZARIKA

Advocate for the Respondent : SC, O I L
                                                                       Page No.# 3/4



                                    BEFORE
            HONOURABLE MR. JUSTICE KALYAN RAI SURANA


                                    ORDER

Date : 03.01.2023

None appears on call for the petitioners in spite of the note given in Supplementary Cause List for 03.01.2023 that this matter of part-II hearing list would be taken up for hearing. However, Mr. K. Kalita, learned standing counsel for the respondent nos.1, 2 and 3 and Mr. B. Deuri, learned Govt. Advocate for the respondent nos.4 and 5 are present.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is now substituted by 6 legal representatives, have prayed for cancelling the fixation of land valuation @ Rs.5.00 lakh per bigha vide impugned communication dated 25.08.2011 (Annexure-D) and for a direction to fix the rate of compensation value @ Rs.10.00 lakh per bigha.

3. The learned standing counsel for the respondent nos.1 to 3 has projected that in this case, the land which was taken over by the respondent no.1, was on the strength of a negotiated settlement of the land sale value, whereby 13 land owners, including the petitioners had signed a declaration on 06.07.2009. It is projected that the signature appeared at Sl. No. 13 is of the petitioner. It is projected that after the sale deed was prepared, the petitioner never turned-up to execute the sale deed and to receive land transfer consideration.

Page No.# 4/4

4. The learned standing counsel for the respondent nos.1 to 3 has submitted that under similar circumstances, the Division Bench of this Court by judgment dated 26.06.2012 in WP(C) 5449/2011 had disposed of the writ petition with a direction that no intervention of the Court was called for in favour of the petitioners. It was also directed that, it would be incumbent on the parties to the said order tocomplete the process of acquisition on the basis of the rates fixed in the year 2005 in all respects as expeditiously as possible but not later than two months from the date of receipt of the certified copy of the order.

5. It is submitted that SLP was preferred against the said judgment was dismissed by order dated 18.07.2014 passed by the Supreme Court of India in SLP(C) No. 36779/2012. The said judgment of the Division Bench of this Court as well as the order of the Supreme Court of India along with another judgment of this Court dated 20.06.2011 passed in WP(C) 3118/2011 are retained as a part of record.

6. Be that as it may, as the petitioners are absent on call, the Court is inclined to dismiss this writ petition for non-prosecution.

JUDGE

Comparing Assistant