Airport Authority Of India vs Ajit Baruah And Anr
2023 Latest Caselaw 7 Gua

                                                                   Page No.# 1/11

GAHC010032002016




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

                                Case No. : I.A.(Civil)/2134/2016

            AIRPORT AUTHORITY OF INDIA
            REPRESENTED BY AIRPORT DIRECTOR, LGBI AIRPORT, GUWAHATI



            VERSUS

            AJIT BARUAH and ANR,
            ASSAM

            2:JATIN BARUAH

             S/O NOT KNOWN
             R/O VILL. GARAL
             MOUZA RAMCHARANI
             DIST. KAMRUP
             ASSAM

Advocate for the Petitioner   : MR.P BORA

Advocate for the Respondent : MRS M D CHOWDHURY




             Linked Case : I.A.(Civil)/3392/2017

            AIRPORT AUTHORITY OF INDIA
            REPRESENTED BY THE COMMERCIAL MANAGER L
            LGBI AIRPORT
            GUWAHATI.
                                                          Page No.# 2/11

VERSUS

SMTI DEKHANBALAL DAS and 2 ORS

D/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 M
ASSAM.
 ------------

Advocate for : MR. S BORTHAKUR Advocate for : MS. M D CHOWDHURY appearing for SMTI DEKHANBALAL DAS and 2 ORS

Linked Case : I.A.(Civil)/4353/2017

AIRPORT AUTHORITY OF INDIA REPRESENTED BY THE COMMIERCIAL MANAGERF (L) LGBI AIRPORT GUWAHATI.

VERSUS

MD. JAINUDDIN AHMED and 2 ORS

S/O NOT KNOWN R/O VILL. GARAL MOUZA RAMCHARANI

2:THE STATE OF ASSAM REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM REVENUE (LR) DEPTT.

Page No.# 3/11

DISPUR GUWAHATI-06 3:THE DISTRICT COLLECTOR KAMRUP ASSAM

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Advocate for : MR. S BORTHAKUR Advocate for : GA ASSAM appearing for MD. JAINUDDIN AHMED and 2 ORS

Linked Case : I.A.(Civil)/3396/2017

AIRPORT AUTHORITY OF INDIA REPRESENTED BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

VERSUS

SRI AKAN DAS and 2 ORS

S/O NOT KNOWN R/O VILL. GARAL MOUZA RAMCHARANI DIST. KAMRUP ASSAM PIN CODE 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 M ASSAM.

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Advocate for : MR. H NATH Advocate for : MS. M D CHOWDHURY appearing for SRI AKAN DAS and 2 ORS Page No.# 4/11

Linked Case : I.A.(Civil)/3389/2017

AIRPORT AUTHORITY OF INDIA

REPRESENTED BY COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

VERSUS

MD. KASED ALI and 8 ORS

S/O NOT KNOWN R/O VILLGARAL

MOUZA RAMCHARANI DIST-KAMRUP ASSAM

2:MD. YASEN ALI

3:MD. NURUL HAQUE

4:MD. MAINUL HAQUE

5:MD. JAIRUL HAQUE

6:MD. ANOWAR HUSSAIN

7:MD. DAUD ALI S/O NOT KNOWN R/O VILL. GARAL MOUZA RAMCHARANI DIST. KAMRUP ASSAM.

8:THE STATE OF ASSAM

REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM REVENUE LR DEPTT.

DISPUR GUWAHATI-06 9:THE DIST. COLLECTOR

KAMRUP ASSAM.

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Advocate for : MR. P BORAH Page No.# 5/11

Advocate for : MRS. M D CHOWDHURY appearing for MD. KASED ALI and 8 ORS

Linked Case : I.A.(Civil)/3376/2017

AIRPORT AUTHORITY OF INDIA

REP. BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

VERSUS

SRI SATYA RAM BARUA and 2 ORS. S/O. NOT KNOWN R/O. VILL. GARAL MOUZA- RAMCHARANI DIST. KAMRUP ASSAM PIN-781017.

2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM REVENUE LR DEPTT.

DISPUR GUWAHATI-06.

3:THE DISTRICT COLLECTOR KAMRUP M ASSAM.

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Advocate for : MR. H NATH Advocate for : MS. M D CHOWDHURY appearing for SRI SATYA RAM BARUA and 2 ORS.

Linked Case : I.A.(Civil)/3387/2017

AIRPORT AUTHORITY OF INDIA

REPRESENTED BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

Page No.# 6/11

VERSUS

JOGEN BAISHYA and 3 ORS

S/O NOT KNOWN R/O VILLAGE GARAL MOUZA- RAMCHARANI DIST KAMRUP ASSAM

2:BIPIN BAISHYA S/O-NOT KNOWN R/O VILLAGE GARAL MOUZA- RAMCHARANI DIST KAMRUP ASSAM 3:MUHIM BAISHYA S/O- NOT KNOWN

- R/O VILLAGE GARAL MOUZA- RAMCHARANI DIST KAMRUP ASSAM 4:CHAKRADHAR BAISHYA SONS OF NOT KNOWN ALL ARE R/O VILL. GARAL MOUZA RAMCHARAI DIST. KAMRUP ASSAM.

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Advocate for : MR.P BORA Advocate for : MS. M D CHOWDHURY appearing for JOGEN BAISHYA and 3 ORS

Linked Case : I.A.(Civil)/3373/2017

AIRPORT AUTHORITY OF INDIA REPRESENTED BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

VERSUS

RAMA KANTA BARUAH and 7 ORS. RESPONDENTS - 1 TO 6

2:BIDYADHAR BARUAH

3:DHRUBA BARUAH Page No.# 7/11

4:ANANTA BARUAH

5:BHABET BARUAH

6:TILAK BARUAH

ALL ARE RESIDENT OF VILL. GARAL MOUZA- RAMCHARANI DIST. KAMRUP ASSAM PIN-781017.

7:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM REVENUE LR DEPTT.

DISPUR GUWAHATI-06.

8:THE DISTRICT COLLECTOR KAMRUP ASSAM.

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Advocate for : MR. S BORTHAKUR Advocate for : MRS M D CHOWDHURY (R 1 TO 6) appearing for RAMA KANTA BARUAH and 7 ORS.

Linked Case : I.A.(Civil)/4356/2017

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

PRABHAT CH. DAS R/O VILL. GARAL MOUZA RAMCHARANI DIST. KAMRUP ASSAM.

2:RABIN BARUAH Page No.# 8/11

S/O NOT KNOWN R/O VILL. GARAL MOUZA RAMCHARANI DIST. KAMRUP ASSAM 3:THE STATE OF ASSAM REPRESENTED BY THE SECY. TO THE GOVT.OF ASSAM REVENUE (LR) DEPTT.

DISPUR GUWAHATI-06 4:THE DISTRICT COLLECTOR KAMRUP ASSAM.

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Advocate for : MR. S BORTHAKUR Advocate for : GA ASSAM appearing for PRABHAT CH. DAS

Linked Case : I.A.(Civil)/3395/2017

AIRPORT AUTHORITY OF INDIA

REPRESENTED BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI

VERSUS

SRI SATYARAM DAS 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 Page No.# 9/11

ASSAM.

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Advocate for : MR. P BORA Advocate for : MS. M D CHOWDHURY appearing for SRI SATYARAM DAS and 2 ORS

Linked Case : I.A.(Civil)/3378/2017

AIRPORT AUTHORITY OF INDIA REP. BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

VERSUS

SRI JADAB DAS and 2 ORS. S/O. NOT KNOWN RESIDENT OF VILL. GARAL MOUZA RAMCHARANI DIST. KAMRUP ASSAM PIN-781017.

2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM REVENUE LR DEPTT.

DISPUR GUWAHATI-06.

3:THE DISTRICT COLLECTOR KAMRUP M ASSAM.

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Advocate for : MR. H NATH Advocate for : MS. M D CHOWDHURY appearing for SRI JADAB DAS and 2 ORS.

Linked Case : I.A.(Civil)/3384/2017

AIRPORT AUTHORITY OF INDIA REP. BY THE COMMERCIAL MANAGER L LGBI AIRPORT GUWAHATI.

Page No.# 10/11

VERSUS

SRI SATYA RAM BARUA S/O. NOT KNOWN RESIDENT OF VILLAGE- GARAL MOUZA- RAMCHARANI DIST. KAMRUP ASSAM PIN-781017.

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Advocate for : MR. H NATH Advocate for : MS. M D CHOWDHURY appearing for SRI SATYA RAM BARUA

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER 02-01-2023 Heard Shri R. Dubey, learned counsel for the applicant. Also heard Ms. M. D. Chowdhury, learned counsel for the Private respondents. Also heard Ms. U. Das and Shri T. R. Gogoi learned State Counsel for the District Collector and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department.

These applications have been filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay in preferring the appeal against the common judgment and decree dated 30.05.2015 and 04.12.2015 passed by the learned Addl. District Judge No. 1, Kamrup (M) in different reference cases arising out of LA Case No. 27/1995.

The learned counsel has submitted that the delay ranges between 70 to 225 days. The reasons for delay has been cited in the petition and the learned counsel has submitted that the applicants/appellant were prevented by reasons beyond their control in preferring the appeal. He further submits that the appeal contends substantial questions which are required to be adjudicated by this Court.

Ms. Chowdhury, the learned counsel for the private respondents however submits that the delay is because of the utter negligence and laches on the part of the applicant/appellant. She further submits that the delay is inordinate and has not been Page No.# 11/11

properly explained at all.

Learned counsel for the other respondents submits that it is up to the Court to take a reasonable stand in the matter.

While deciding a petition for condonation of delay, the settled principles of law as laid down by the Hon'ble Supreme Court is to have a pragmatic and justice oriented approach. At the same time, this Court is also required to see the length of delay and the reasons explaining the same. If the reasons are not satisfactory at all, there may not be a case for condonation of delay as delay in preferring an appeal gives a substantive right to the rival parties.

However, in the instant case, after perusal of the application, this Court is of the opinion that a delay has been explained. This Court has also been informed that a decision on merits is also necessary and still now nothing out of the enhanced amount made by the reference Court has been paid.

In view of the above, the delay operate in filing of the respective appeals are condoned.

IA accordingly stands disposed of.

JUDGE

Comparing Assistant