Disposed

Tarala Das v. Gail (India) Limited and 4 Ors.

Gauhati HC8 Sept 2024WP(C)/3709/2023

Case brief

AI extract

What is this about?

The petitioner challenged non-payment of land compensation. The Court dismissed the writ petition, observing that since the apportionment of compensation among landowners was already referred to the District Judge under the relevant Act, no substantive matter survived in the present petition.

What did the court decide?

The writ petition was closed with a direction to the jurisdictional District Judge to take the matter on record and proceed.

Tarala Das Vs Gail (India) Limited and 4 Ors. — Land Acquisition | Gauhati HC (2024)

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GAHC010139452023

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

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Case No. : WP(C)/3709/2023

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TARALA DAS

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W/O- LATE GAUTAM KUMAR DAS, R/O- HOUSE NO. 50, NABAGRAHA, NATUN NAGAR, SILPUKHURI, P.O. SILPUKHURI, GUWAHATI, DISTRICTKAMRUP (M), PIN- 781003, ASSAM

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VERSUS

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GAIL (INDIA) LIMITED AND 4 ORS HAVING ITS REGD. OFFICE AT GAIL BHAWAN, 16, BHIKAIJI CAMA PLACE, R.K.PURAM, NEW DELHI, PIN- 110066, INDIA

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2:THE COMPETENT AUTHORITY GAIL (INDIA) LIMITED BARAUNI-GUWAHATI GAS PIPELINE (BGPL) PROJECT CONSTRUCTION OFFICE 1ST FLOOR HOTEL VIVANTA BY TAJ G.S.ROAD KHANAPARA GUWAHATI PIN- 781002 DISTRICT- KAMRUP (M) ASSAM 3:THE CIRCLE OFFICER NORTH GUWAHATI REVENUE CIRCLE PIN- 781380 DIST.- KAMRUP (R) ASSAM

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4:SRI PRAFULLA KUMAR S/O- LATE LAKHIRAM KUMAR

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R/O- VILLAGE- KHEHNIPARA NEAR ANANTA GOKHAI THAAN P.O. BEZERA DIST.- KAMRUP RURAL PIN- 781121 ASSAM 5:NAGEN CHANDRA KUMAR S/O- LATE KANDURAM KUMAR R/O- VILLAGE- KHEHNIPARA NEAR ANANTA GOKHAI THAAN P.O. BEZERA DIST.- KAMRUP RURAL PIN- 781121 ASSA

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Advocate for the Petitioner : MR K P PATHAK, MR BHARGAV DAS,MR ARINDAM BARUAH

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Advocate for the Respondent : GA, ASSAM, SC, GAIL

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

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09.09.2024

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Heard Mr. KP Pathak, learned legal Aid counsel for the petitioner. Also heard Mr. S Mitra, learned counsel for the respondent No. 1 and Ms. S Baruah, learned counsel for the respondent No. 3.

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The present writ petition is filed, inter-alia, alleging that though the petitioner is a copattadar of a plot of land in Barpalaha village in Bar Bangsar Mouza, Kamrup district which was used by the respondent GAIL, however, no compensation was paid to the petitioner. The respondent GAIL has filed an affidavit and has submitted that the matter relates to apportionment of compensation amongst the land owners and therefore, the matter has already been referred to the jurisdictional District Judge in terms of the Section 11 of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.

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In view of the aforesaid stand, Mr. Pathak submits that as the matter has been referred to proper forum, this writ petition can be disposed of requesting the learned

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jurisdictional District Judge to consider and decide the matter at earliest. The learned counsel for the GAIL has also submitted that the proper course of action should be to close this matter.

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This court is also of the view that since the apportionment between the land owners is now pending before the jurisdictional District Judge, nothing survives to be adjudicated in the present writ petition. Accordingly, same stands closed. However, this court expects that the learned court shall take the matter on record and proceed in accordance with law.

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JUDGE

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Comparing Assistant

Tarala Das v. Gail (India) Limited and 4 Ors.

Case brief

What is this about?

What did the court decide?

Tarala Das v. Gail (India) Limited and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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