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

Order

09.09.2024

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. The present writ petition is filed, inter-alia, alleging that though the petitioner is a co-pattadar 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. 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 Page No.# 3/3 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. 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.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010139452023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3709/2023o TARALAoDASo W/O-oLATEoGAUTAMoKUMARoDAS,oR/O-oHOUSEoNO.o50,oNABAGRAHA,o NATUNoNAGAR,oSILPUKHURI,oP.O.oSILPUKHURI,oGUWAHATI,oDISTRICT-o KAMRUPo(M),oPIN-o781003,oASSAM VERSUSo GAILo(INDIA)oLIMITEDoANDo4oORSo HAVINGoITSoREGD.oOFFICEoAToGAILoBHAWAN,o16,oBHIKAIJIoCAMAoPLACE,o R.K.PURAM,oNEWoDELHI,oPIN-o110066,oINDIA 2:THEoCOMPETENToAUTHORITY oGAILo(INDIA)oLIMITED oBARAUNI-GUWAHATIoGASoPIPELINEo(BGPL)oPROJECToCONSTRUCTIONo OFFICE o1SToFLOOR oHOTELoVIVANTAoBYoTAJ oG.S.ROAD oKHANAPARA oGUWAHATI oPIN-o781002 oDISTRICT-oKAMRUPo(M) oASSAM 3:THEoCIRCLEoOFFICER oNORTHoGUWAHATIoREVENUEoCIRCLE oPIN-o781380 oDIST.-oKAMRUPo(R) oASSAM 4:SRIoPRAFULLAoKUMAR oS/O-oLATEoLAKHIRAMoKUMAR Page No.# 2/3 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 Advocate for the Petitioner : MR K P PATHAK, MR BHARGAV DAS,MR ARINDAM BARUAH Advocate for the Respondent : GA, ASSAM, SC, GAIL BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY