North East Frontier Railway vs Gagan Choudhury And 4 Ors
2024 Latest Caselaw 7922 Gua

Gauhati High Court

North East Frontier Railway vs Gagan Choudhury And 4 Ors on 30 October, 2024

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GAHC010126142014




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

                         Case No. : LA.App./72/2014

         NORTH EAST FRONTIER RAILWAY
         THROUGH THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
         GUWAHATI-11



         VERSUS

         GAGAN CHOUDHURY and 4 ORS
         VILL. TEZPUR, MOUZA-RAMPUR, DIST. KAMRUP, ASSAM.

         2:AMINDRA CHOUDHURY

          VILL. TEZPUR
          MOUZA TEZPUR
          DIST. KAMRUP
          ASSAM.

         3:RABINDRA CHOUDHURY

          VILL. TEZPUR
          MOUZA RAMPUR
          DIST. KAMRUP
          ASSAM.

         4:AMAL CHOUDHURY

          VILL. TEZPUR
          MOUZA RAMPUR
          DIST. KAMRUP
          ASSAM.

         5:MILAN CHOUDHURY
                                                                        Page No.# 2/4

             VILL. TEZPUR
             MOUZA RAMPUR
             DIST. KAMRUP
             ASSAM.

            6:THE COLLECTOR

             KAMRUP
             GUWAHATI-

Advocate for the Petitioner   : MS.U CHAKRABORTY,

Advocate for the Respondent : MR.B KHETRI, MR. A K DAS,MS. F AHMED,MS. F AHMED(R-
1,2,3,4),MR. M J GOGOI(R-1,2,3,4),MR.N ISLAM,MR.K N KALITA,MSJ BHUYAN,MR.A K
DAS(R-1,2,3,4),MR.G SHARMA




             Linked Case : MC/2401/2014

            NORTH EAST FRONTIER RAILWAY
            THROUGH THE GENERAL MANAGER
            N.F. RAILWAY
            MALIGAON
            GUWAHATI-11


             VERSUS

            GAGAN CHOUDHURY and 4 ORS
            VILL. TEZPUR
            MOUZA RAMPUR
            DIST. KAMRUP
            ASSAM.

            2:AMINDRA CHOUDHURY

            VILL. TEZPUR
            MOUZA TEZPUR
            DIST. KAMRUP
            ASSAM.

             3:RABINDRA CHOUDHURY

            VILL. TEZPUR
                                                                         Page No.# 3/4

            MOUZA RAMPUR
            DIST. KAMRUP
            ASSAM.

            4:AMAL CHOUDHURY

            VILL. TEZPUR
            MOUZA RAMPUR
            DIST. KAMRUP
            ASSAM.

            5:MILAN CHOUDHURY

            VILL. TEZPUR
            MOUZA RAMPUR
            DIST. KAMRUP
            ASSAM.

            6:THE COLLECTOR

            KAMRUP
            GUWAHATI-1
            ------------
            Advocate for : MS.U CHAKRABORTY
            Advocate for : MR.K N KALITA appearing for GAGAN CHOUDHURY and 4 ORS



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 30.10.2024

Heard Mr. U. Chakraborty, learned counsel for the appellants. Also heard Mr. M. J. Gogoi, learned counsel for the respondent Nos.1 to 5 and Mr. K.K. Bhattacharjee, learned Government Advocate appearing for the proforma

It is submitted at the bar that while making reference to the Court of learned ad-hoc Additional District & Sessions Judge, Kamrup (M) at Guwahati, the Collector of Kamrup (M) at Guwahati had not arrayed the NF Railway, the Page No.# 4/4

appellant herein, as a party and the impugned judgment and order dated 28.11.2003, was passed without affording any opportunity of being heard to the present appellants, though the land in question was acquired for the present appellants and the compensation amount was directed to be paid by the present appellants, and such the matter may be remanded to the learned trial court with a direction to implead and hear the appellant thereafter to and dispose of the matter within a period of 6(six) months.

Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the record and I find substance in the submission so advanced at the bar.

Taking note of all the facts and circumstances and as agreed by learned counsel for both the parties, the impugned judgment and order dated 28.11.2003, passed by the learned Additional District and Sessions Judge, Kamrup (M) at Guwahati, in Misc.Ref.Case No. 49/1999 and Misc.Ref.Case No. 84/1999, stands set aside and quashed.

The matter is remanded back to the learned court below, with a direction to implead the appellant and thereafter to hear both the parties and thereafter to dispose of the case soon as practicable preferably within a period of 6 (six) months from the date of receipt of a certified copy of the order of this Court.

In terms of above, this L.A Appeal Case No. 72/2014 and Misc. Case No. 2401/2014 stands disposed of.

The Registry shall send back the records to the learned trial court forthwith, with a copy of this order.

JUDGE

Comparing Assistant