R N T PLANTATIONS LIMITED Vs. UNION OF INDIA AND ORS
HIGH COURT OF GAUHATI
R N T Plantations Limited
Union of India And Ors
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Manojit Bhuyan, J. -
(1.) Heard Mr. S.K. Kejriwal, learned counsel for the petitioner as well as Mr. G.N. Sahewalla, learned senior counsel representing respondent nos. 2 and 3, assisted by Mr. N. Anix Singh, Advocate. Also heard Mr. T.C. Chutia, learned counsel representing the respondent no. 4. There is none to represent the respondent no. 1 i.e. the Union of India.
(2.) The petitioner company is the owner of Lukwah Tea Estate, located in the district of Sivasagar. Over the years substantial portion of the petitioner's land had been taken over by the Oil & Natural Gas Corporation Ltd. (ONGCL) for drilling and other allied activities, including laying of pipelines. In the present case we are concerned with land measuring 85 Bighas of Lukwah Tea Estate acquired by the Competent Authority for the benefit of ONGCL. Reliefs prayed for are in respect of payment of the value of the land so acquired, the cost of tea bushes and compensation towards loss of earnings.
(3.) The present writ petition was instituted claiming similar direction as in the Judgment & Order dated 05.09.2011 passed in WP(C) 4117/2011, the subject matter of which was also with regard to claim for compensation, as in the present case, but over another portion of land measuring 433 Bighas of the same Lukwah Tea Estate. The said writ petition was disposed of with direction to the Competent Authority-cum-Deputy Commissioner, Sivasagar to pass fresh order relating to compensation in respect of the 433 Bighas of land having regard to a tripartite agreement entered by and between the Competent Authority, the ONGCL and the petitioner company; the letter dated 07.10.2010 of the Additional Deputy Commissioner, Sivasagar the clarification issued by Tocklai Experimental Station, Jorhat dated 08.10.2010. The said direction was made subject to the condition if the petitioner had not already availed the right of appeal before the Court of the District Judge, Sivasagar under the provisions of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. It is stated at the Bar that in respect of the order of the Competent Authority dated 11.11.2010 pertaining to compensation in respect of the 433 Bighas of land, appeal under Section 10(2) of the aforesaid Act was preferred and the same is pending adjudication before the said Court of the District Judge, Sivasagar.;
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