District Collector Kamrup (M) vs Central Inland Water Transport ...
2023 Latest Caselaw 61 Gua

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GAHC010077922022




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

                                  Case No. : LA.App./10/2022

            DISTRICT COLLECTOR KAMRUP (M)
            KAMRUP M



            VERSUS

            CENTRAL INLAND WATER TRANSPORT CORPORATION LTD. AND ORS.
            FANCY BAZAR, GUWAHATI , KAMRUP M

            2:LEGAL HEIRS OF SUROJ KUMAR
             REPRESENTED BY DEPENDRA ADHIKARI AND ORS
             RESIDENT OF HOUSE NO. 129
             GOPINATH NAGAR
             BYE LANE NO. 4
             GUWAHATI 16
             KAMRUP M ASSAM

            3:VALLEY VIEW REAL ESTATE

             REPRESENTED BY PAWAN KR. SHARMA
             C/O D. ADHIKARI GOPINATH NAGAR
             GUWAHATI 16
             KAMRUP M ASSA

Advocate for the Petitioner   : GA, ASSAM

Advocate for the Respondent :




             Linked Case : I.A.(Civil)/3234/2022
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          DISTRICT COLLECTOR KAMRUP (M)
          KAMRUP M ASSAM


           VERSUS

          CENTRAL INLAND WATER TRANSPORT CORPORATION LTD. AND ORS.
          FANCY BAZAR
           GUWAHATI
           KAMRUP M

          2:LEGAL HEIRS OF SUROJ KUMAR
          REPRESENTED BY DEPENDRA ADHIKARI AND ORS
           RESIDENT OF HOUSE NO. 129
           GOPINATH NAGAR
           BYE LANE NO. 4
           GUWAHATI 16
           KAMRUP M ASSAM
           3:VALLEY VIEW REAL ESTATE

          REPRESENTED BY PAWAN KR. SHARMA
          C/O D. ADHIKARI GOPINATH NAGAR
          GUWAHATI 16
          KAMRUP M ASSAM
          ------------
          Advocate for : GA
          ASSAM
          Advocate for : appearing for CENTRAL INLAND WATER TRANSPORT
          CORPORATION LTD. AND ORS.



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                    ORDER

04.01.2023

Heard Ms. U. Das, learned Addl. Senior Govt. Advocate, appearing for the State applicant.

Issue notice returnable in 4(four) weeks.

The applicant shall take steps within 2(two) days for service of notice on Page No.# 3/3

the opposite parties by registered post with A/D as well as by usual process.

As an interim measure the operation of the judgment and award dated 07.09.2021 passed by the passed by the learned Court of Addl. District Judge No.3 (FTC no.3), Kamrup (M), Guwahati in Reference case no.7/2014 arising out of LA case no.24/2008 shall remain stayed.

However, in respect of the compensation already awarded as per judgment and award dated 29.06.2016 passed in Reference case no.7/2014 is concerned, it is provided that the stay as granted by this order shall not be a bar for the applicant i.e. District Collector, Kamrup Metro District to disburse the compensation amount to the beneficiaries.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant