Gauhati High Court
Pallorbund Tea Ltd vs The Collector on 29 October, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010010612022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : LA.App./8/2022
PALLORBUND TEA LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3B,
LALBAZAR STREET, KOLKATTA 700001 REPRESENTED BY ITS
CONSTITUTED ATTORNEY CHAYAN DEY
VERSUS
THE COLLECTOR, CACHAR
SILCHAR ASSAM
Advocate for the Petitioner : MR. J KALITA, DIKSHITA DEKA
Advocate for the Respondent : GA, ASSAM,
Linked Case : LA.App./6/2022
OIL AND NATURAL GAS CORPORATION LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. 5A-5B
NELSON MANDELA ROAD
VASANT KUNJ
NEW DELHI 110070 AND ONE OF ITS UNIT AT CACHAR PROJECT
PO SRIKONA
DIST CACHAR
ASSAM AND IS REPRESENTED BY SRI SOMNATH CHOUDHURY
MANAGER (HR) OF ONGC
SRIKONA
SILCHAR
DIST CACHAR
ASSAM
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VERSUS
PALLORBUND TEA LTD. AND ANR.
AN INCOPORATED COMPANY HAVING ITS REGISTERED OFFICE AT 3N
LAL BAZAR STREET
KOLKATA 700001
2:THE STATE OF ASSAM
REPRESENTED BY THE COLLECTOR
CACHAR DISTRICT
PO SILCHAR
CACHAR
------------
Advocate for : MR G N SAHEWALLA
Advocate for : GA
ASSAM appearing for PALLORBUND TEA LTD. AND ANR.
Linked Case : LA.App./9/2022
DULAGRAM TEA LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT 3B
LALBAZAR STREET
KOLKATA-700001
REPRESENTED BY ITS CONSTITUTED ATTORNEY CHAYAN DEY.
VERSUS
THE COLLECTOR
CACHAR
SILCHAR
ASSAM
------------
Advocate for : MR. J KALITA
Advocate for : GA
ASSAM appearing for THE COLLECTOR
CACHAR
Linked Case : LA.App./11/2023
OIL AND NATURAL GAS CORPORATION LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES
Page No.# 3/4
ACT
1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. 5A-5B
NELSON MANDELA ROAD
VASANT KUNJ
NEW DELHI- 110070 AND ONE OF ITS UNIT AT CACHAR PROJECT
P.O. SRIKONA
DISTRICT CACHAR
ASSAM AND IS REPRESENTED BY SOMNATH CHOUDHURY
MANAGER (HR) OF ONGC
SRIKONA
SILCHAR
DISTRICT- CACHAR
ASSAM.
VERSUS
PALLORBUND TEA LTD. AND ANR.
AN INCORPORATED COMPANY HAVING ITS REGISTERDE OFFICE AT 3B
LAL BAZAR STREET
KOLKATA- 700001.
2:THE STATE OF ASSAM
REP. BY THE COLLECTOR
CACHAR DISTRICT
P.O.- SILCHAR
DISTRICT CACHAR.
------------
Advocate for : MR G N SAHEWALLA
Advocate for : GA
ASSAM appearing for PALLORBUND TEA LTD. AND ANR.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 29.10.2025
Heard Mr. J. Kalita, the learned counsel appearing for the appellants in LA
App./8/2022 and LA App.9/2022 as well as the learned Senior Counsel Mr. G.N.
Sahewalla assisted by Ms. Baishya appearing for the ONGC Ltd. Also heard Ms.
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S. Senaptati, the learned counsel appearing for the respondent No. 2 in LA
App./8/2022 and LA App.6/2022 as well as Mr. T.R. Gogoi, the learned
Government Advocate appearing for the state of Assam.
2. Here in this case, in the land acquisition proceeding before the Reference
Court the ONGC Ltd. was not made a party.
3. Mr.Sahewalla has relied upon the judgment of the Hon'ble Supreme Court
that was delivered in the case of Delhi Development Authority v. Bhola
Nath Sharma (Dead) by LR's and others reported in (2011) 2 SCC 54.
4. According to the Hon'ble Supreme Court from which authority
compensation was to be paid has to be made a party in the Reference
Proceeding.
5. Since in the Reference Proceeding the ONGC Ltd. was not made a party,
the impugned judgments are nothing but a nullity.
6. Accordingly, the impugned judgments are set aside. The matter is
remanded to the Trial Court to give notice to the ONGC Ltd. After hearing the
ONGL Ltd., the Reference Court shall pass a fresh judgment. If necessary,
ONGC Ltd may be allowed to lead evidence also.
7. The Reference Court shall make an endeavor to dispose of the case within
next 6(six) months of receiving this order.
8. With the aforesaid direction, these appeals stand disposed of.
JUDGE
Comparing Assistant
