Allowed

The Deputy Commissioner, Nagaon v. Hareshwar Borah and Anr.

Gauhati HC15 Nov 2022I.A.(Civil)/2141/2022

Case brief

AI extract

What is this about?

In an application for condoning a 7-day delay in filing an appeal against a Land Acquisition Award, the Court found sufficient cause existed for the delay and granted the relief, without adjudicating on the substance of the dispute regarding the standing of the Deputy Commissioner.

What did the court decide?

Delay of 7 days in filing the appeal was condoned; Registry to register appeal and list the case.

The Deputy Commissioner, Nagaon Vs Hareshwar Borah and Anr. — Land Acquisition | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010120862022

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

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Case No. : I.A.(Civil)/2141/2022

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THE DEPUTY COMMISSIONER, NAGAON ASSAM

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VERSUS

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HARESHWAR BORAH AND ANR. S/O LATE KAMALESWAR BORA RESIDENT OF LAOKHUWA ROAD, NORTH HAIBORGAON, NAGAON TOWN, PO, PS AND DIST NAGAON, ASSAM 782002

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2:SMTI MADHUMITA BORAH W/O SRI HARESWAR BORAH RESIDENT OF LAOKHUWA ROAD NORTH HAIBORGAON NAGAON TOWN PO PS AND DIST NAGAON ASSAM 78200

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Advocate for the Petitioner : MR. R BORPUJARI

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Advocate for the Respondent :

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Linked Case :

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THE DEPUTY COMMISSIONER NAGAON

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Page No.# 2/3

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VERSUS

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HARESHWAR BORAH AND ANR. F

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-----------Advocate for : MR. R BORPUJARI Advocate for : appearing for HARESHWAR BORAH AND ANR. F

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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15.11.2022

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Heard Mr. R. Borpujari, learned counsel for applicant and the respondent Nos. 1 & 2, who have appeared in person.

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This is an application for condoning the delay of 7 days in filing the appeal against the Judgment & Award dated 25.02.2022 passed by the District Judge-cum-Land Acquisition, Rehabilitation & Resettlement Authority, Nagaon, in Reference (L.A) Case No. 1/2018.

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The applicant’s counsel submits that the delay inadvertently occurred due to the time taken for collecting a certified copy of the Award and due to the time taken in the correspondences between different departments.

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The respondents, on the other hand submit that in terms of Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, the Deputy Commissioner cannot be included within the category of aggrieved persons, as the Requiring Authority is the CRPF and not the Deputy Commissioner.

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Mr. R. Borpujari, learned counsel submits that the applicant has filed the appeal in view of the fact that the respondents did not make the Requiring

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Page No.# 3/3

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Authority, i.e., the CRPF as a party in Reference (L.A) Case No. 1/2018 and if execution of the Judgment & Award dated 25.02.2022 passed by the District Judge-cum-LAAR authority, Nagaon is sought to be executed, the execution of the said Judgment & Award would not be possible against the CRPF, in which case, the properties of the present applicant may be attached to satisfy the Award.

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I have heard the learned counsel for the applicant and the respondents, who have appeared in person.

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Without going into the merits of the submissions made by the respondents, this Court is deciding only the issue as to whether the 7 days delay in filing the appeal should be condoned.

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On considering the above fact, this Court finds that sufficient cause for the delay has been made out. The delay of 7 days in filing the appeal is condoned.

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I.A is accordingly disposed of.

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Registry to register the Appeal and list the case on 24.11.2022.

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JUDGE

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Comparing Assistant

The Deputy Commissioner, Nagaon v. Hareshwar Borah and Anr.

Case brief

What is this about?

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The Deputy Commissioner, Nagaon v. Hareshwar Borah and Anr.

Case brief

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What the court decided

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