Allowed

North Eastern Electric Power Corporation Limited, Govt. of India Enterprise and 4 Ors. v. Sh Malsawma and 7 Ors.

Gauhati HC15 Feb 2024I.A.(Civil)/89/2023

Case brief

AI extract

What is this about?

NEEPCO sought deletion of its name from CRP 6/2023 challenging dismissal of execution proceedings for land compensation, arguing compensation is payable by the State which acquired the land. With counsel for respondents and State raising no objection, the court struck out NEEPCO as respondent No. 4 and allowed the application.

What did the court decide?

Name of NEEPCO struck out/deleted as respondent No. 4 in CRP No. 6/2023

North Eastern Electric Power Corporation Limited, Govt. of… — Land Acquisition | Gauhati HC (2024)

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GAHC030003902023

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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)/90/2023

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North Eastern Electric Power Corporation Limited Govt. of India Enterprise and 4 Ors. Head Office at Brookland Compound Lower New Colony Shillong

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r/b its Chairman and Managing Director

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VERSUS

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Sh Darkunga and 7 Ors. S/o Ruma Zohmun Mizoram

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Advocate for the Petitioner : Mr. V.K.Jindal Sr.Adv.

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Advocate for the Respondent : Mr Lalfakawma for R1-R4

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Case No. : I.A.(Civil)/87/2023

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North Eastern Electric Power Corporation Limited , Govt. of India and 4 Ors. Head Office at Brookland Compound, Lower Mew Colony, Shillong r/b its Chairman and Managing Director

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VERSUS

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Sh Lalthamanga and 10 Ors. S/o Zaipuia, Sakawrdai, Mizoram

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Page No.# 2/9

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Advocate for the Petitioner : Mr. V.K.Jindal, Sr.Adv.

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Advocate for the Respondent : Mr Lalfakawma for R1-R7

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Linked Case : CRP/3/2023

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Lalthanmanga and 6 Ors. Sakawrdai Mizoram

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2: Thanglianchhunga S/o Kutdenga Darlawn Venghln Mizoram

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3: Ngurtawni D/o Zathanga Ramhlun Venglai Aizawl

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4: Lungtiawia S/o Darsiama (L) Darlawn Lungvery Kawn Mizoram

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5: Kawlremthanga S/o Lianthanga Zohmun Mizoram

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6: H.K.Dawla

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S/o Thangkhuma Zohmun Mizoram

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7: Thanglura S/o Lawma Zohmun Mizoram VERSUS

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State of Mizoram and 4 Ors. r/b Chief Secretary

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Page No.# 3/9

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2:Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. 3:The Deputy Commissioner-cum-Collector Aizawl Dist. Aizawl 4:North Easter Electric Power Corporation and Managing Director Shillong Meghalaya - 793003 5:Secretary to the Govt. of Mizoram Environment and Forest Dept. Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte for R1 R2 R3 & R5

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Linked Case : CRP/6/2023 Darkunga and 3 Ors. S/o Ruma Zohmun Mizoram 2: Darliansanga S/o Liankunga (L) Mauchar Mizoram 3: Kaithuama S/o Amrenga Mauchar Mizoram 4: Chhuahthanga S/o Thanliana Palsang Mizoram VERSUS State of Mizoram and 4 Ors. r/b Chief Secretary

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Page No.# 4/9

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2:Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. 3:The Deputy Commissioner-cum-Collector Aizawl Dist. Aizawl 4:North Easter Electic Power Corporation and Managing Director Shillong Meghalaya - 793003 5:Secretary to the Govt. of Mizoram Environment and Forest Department Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte for R1 R2 R3 & R5

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Linked Case : I.A.(Civil)/89/2023

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North Eastern Electric Power Corporation Limited Govt. of India Enterprise and 4 Ors. Head Office at Brookland Compound Lower New Colony Shillong r/b its Chairman and Managing Director

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VERSUS

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Sh Malsawma and 7 Ors. S/o Phunga Mauchar Mizoram

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Advocate for the Petitioner : Mr. V.K.Jindal Sr.Adv. Advocate for the Respondent : Mr Lalfakawma

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Linked Case : I.A.(Civil)/88/2023

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Page No.# 5/9

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North Eastern Electric Power Corporation Limited Govt. of India Enterprise Head Office at Brookland Compound Lower New Colony Shillong r/b its Chairman and Managing Director

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VERSUS Sh Vanlalliana and 7 Ors. S/o Dothanga Saipum Mizoram

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Advocate for the Petitioner : Mr. V.K.Jindal Sr.Adv. Advocate for the Respondent : Mr Lalfakawma

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Linked Case : CRP/4/2023 Vanlalliana and 3 Ors. Saipum Mizoram 2: Lalniropuia S/o Dothanga Saipum Mizoram 3: Lallungmuana S/o Rokhawma Saipum Mizoram 4: Lalzirliana S/o Liana Saipum Mizoram VERSUS State of Mizoram and 4 Ors. r/b Chief Secretary

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2:Secretary to the Govt. of Mizoram

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Page No.# 6/9

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Land Revenue and Settlement Dept.

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3:The Deputy Commissioner-cum-Collector Aizawl District Mizoram 4:North Easter Electric Power Corporation and Managing Director Shillong . Meghalaya-793003

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5:Secretary to the Govt. of Mizoram Environment and Forest Department

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Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte for R1 to R3 and R5

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Linked Case : CRP/5/2023

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Malsawma and 3 Ors. S/o Phunga Mauchar Mizoram 2: Lalvuana S/o Velzathanga Mauchar Mizoram 3: Lalthanngura S/o K.Nawta (L) Mauchar Mizoram 4: K.Thanglura S/o K.Z.Nawt (L) Mauchar Mizoram VERSUS

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State of Mizoram and 4 Ors. r/b Chief Secretary

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2:Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept.

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3:The Deputy Commissioner-cum-Collector

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Page No.# 7/9

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Aizawl District Mizoram 4:North Easter Electir Power Corporation and Managing Director Shillong Meghalaya - 793003 5:Secretary to the Govt. of Mizoram Environment and Forest Dept.

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Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Ms. Mary Lalruatkimi Khiangte for R1 R2 R3 & R5

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ORDER

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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16.02.2024

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Heard Mr. V.K. Jindal, learned senior counsel assisted by Mr. Roshan Subedi, learned counsel for the applicants. Also heard Mr. Lalfakawma, learned counsel for the respondent Nos. 1 to 7 and Mrs. Linda L. Fambawl, learned Addl. A.G for the State respondent.

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This is an application under Sub Rule 2 of Rule 10 of Order 1 read with Section 151 of the Code of Civil Procedure, 1908 to strike out/delete the name of North Eastern Electric Power Corporation Limited impleaded as respondent No. 4 in CRP No. 6/2023 filed by Sh. Darkunga & 3 Others Vs. State of Mizoram & 4 Others.

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The case of the applicants is that the applicants by filing the present Civil Revision Petition has assailed the order of the Executing Court by which the

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execution proceedings have been dismissed. It is the further case of the applicants that the State Government acquired the subject land and handed over the same to NEEPCO, i.e., applicant in relation to a project. The effected land owners had filed suit for compensation which was allowed and put to execution which was ultimately dismissed.

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Mr. V.K. Jindal, learned senior counsel submits that there is no relief sought against the applicants and the compensation is to be paid by the State Government, as it is the State Government who has acquired the subject land and therefore, he submits that the applicant has been improperly added as a arrayed respondent in the connected Civil Revision proceedings which is against the order passed in the execution proceedings.

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Mr. Lalfakawma, learned counsel for the respondents submits that he has received no instructions to object to the prayer of striking out the name of the applicant in the Civil Revision Petition.

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Mrs. Linda L. Fambawl, learned Addl. AG also submits that she also has received no instructions to object to the prayer of striking out the name of the applicant in the Civil Revision Petition.

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I have heard the submissions made at the bar and have perused the materials available on record.

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It appears that it is the State Government who has acquired the subject land and who is the competent authority to make the compensation. It further appears from the decision of this Bench in CRP No. 2/2011 which was disposed

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of by Judgment & Order dated 02.07.2012 that the impugned direction of the Executing Court in that case to the effect of procuring the compensation from the NEEPCO was set aside.

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Considering the submissions advanced and upon perusal of the materials available on record, this Court finds that since no relief is sought against the applicant in the connected Civil Revision proceedings, the applicant is improperly added as a party respondent. As such, in the interest of justice, it is directed that the name of NEEPCO/respondent No. 4 is struck out/deleted in CRP No. 6/2023.

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Accordingly, the Interlocutory Application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

North Eastern Electric Power Corporation Limited, Govt. of India Enterprise and 4 Ors. v. Sh Malsawma and 7 Ors.

Case brief

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North Eastern Electric Power Corporation Limited, Govt. of India Enterprise and 4 Ors. v. Sh Malsawma and 7 Ors.

Case brief

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