M/S. ARYA CO Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned counsel appearing for the applicant and Mr. B.P. Borah, learned Senior Govt Advocate, Assam appearing for the State-respondents.

(2.) At the time of hearing of this review application, we had granted time to Mr. B.P. Borah, learned Senior Govt Advocate to obtain necessary instructions in respect of the averments made in the review application. In pursuance of the direction given on 3.2.97, Mr. Borah has placed before us the letter which has been written by the Divisional Forest Officer, Kamrup, East Division, Guwahati dated 6.2.97, which will form part of the record. In paragraph (ii) of the aforesaid letter it has been specifically mentioned that there is sufficient quantity of sand in river Digaru within the notified boundary of Mahal area 1 (c) wherefrom the entire quantity of sand allotted to the petitioner/applicant could be extracted.

(3.) Mr. Mahanta has urged before us that in respect of Mahal area 1 (c) which has been settled for a period of two years with the applicant, the settlement is going to expire on 21.11.97 and the additional quantity of sand cannot be a extracted during the period and there is in fact no additional quantity of sand available in that Mahal allotted to the applicant/petitioner-appellant.