Rishi Gupta v. The State of Assam and Ors

ORDER

16.09.2024 Page No.# 4/5

Heard Mr. KN Choudhury, the learned senior counsel assisted by Mr. RJ Das, the learned counsel appearing on behalf of the applicant/writ petitioner. Mr. PK Garodia, the learned counsel appears on behalf of the Airport Authority of India.

¶2This is an application seeking a procedural review to the order passed by this Court dated 02.02.2024 in WP(C)No.4271/2012 whereby this Court granted the liberty to the petitioner to file application before the Deputy Commissioner, Kamrup(M), Guwahati seeking reference, if so aggrieved with the inadequacy of the compensation and further directed that the said application be filed within 42 days from the date of the said order.

¶3It is relevant to take note of that the said order was passed in absence of the writ petitioner's counsel and it has been brought to the attention of this Court that the counsel who was engaged in the writ petition had expired in November 2022.

¶4Mr. KN Choudhury, the learned senior counsel submitted that the petitioner came to learn about the order dated 02.02.2024 in the month of May, 2024 and as such, immediately thereupon had filed the instant application seeking extension of time for extending the period as provided in the order dated

02.02.2024.

¶5This Court having given an anxious consideration to the matter is of the opinion that interest of justice would be met, if a period of further 7(seven) days from today is given to the petitioner to submit his application before the Deputy Commissioner, Kamrup(M) in terms with Section 18 of the Land Acquisition Act, 1894. Accordingly, this Court permits the petitioners to submit the application seeking reference on or before 23.09.2024. Page No.# 5/5

¶6It is, however, made clear that in the circumstance, there is any enhancement of compensation, the petitioner herein would not be entitled to the interest on the enhanced compensation for the period from 02.02.2024 till the date of filing of the application seeking reference as permitted hereinabove.

¶7Interlocutory application, accordingly, stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010143682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2215/2024o RISHIoGUPTAo S/OoLT.oRAGHUBIRoSINGHoGUPTA,oR/OoA.C.oDUTTAoLANE,oF.A.oROADo KUMARPARA,oP.S.oBHARALUMUKH,oDIST.oKAMRUPoM,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDoORSo REP.oBYoTHEoCOMMISSIONERoandoSECRETAYo,oREVENUEoANDoDISASTERo MANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoDEPUTYoCOMMISSIONER oLANDoREVENUEoBRANCH oKAMRUPoMETRO oASSAM. 3:THEoCIRCLEoOFFICER oAZARAoREVENUEoCIRCLE oAZARA oDIST.oKAMRUP oASSAM. 4:THEoUNIONoOFoINDIA oREP.oBYoTHEoSECRETARY oDEPARTMENToOFoCIVILoAVIATION oNEWoDELHI-1. 5:THEoAIRPORToAUTHORITYoOFoINDIA oREP.oBYoTHEoREGIONALoEXECUTIVEoDIRECTOR oLOKOPRIYA oGOPINATHoBORDOLOIoINTERNATIONALoAIRPORT oGUWAHATI-15 Page No.# 2/5 6:THE GENERAL MANAGER THE AIRPORT AUTHORITY OF INDIA NE REGION LOKOPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 7:ATIKUR RAHMAN S/O LT. ADIDUR RAHMAN R/O S.S. ROAD LAKHTOKIA GUWAHATI-1 P.S. PANBAZAR DIST. KAMRUP ASSA Linked Case : WP(C)/4271/2012 RISHI GUPTA S/O LT. RAGHUBIR SINGH GUPTA R/O A.C. DUTTA LANE F.A. ROAD KUMARPARA P.S. BHARALUMUKH DIST. KAMRUP M ASSAM. VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER and SECRETAY REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 2:THE DEPUTY COMMISSIONER LAND REVENUE BRANCH KAMRUP METRO ASSAM. 3:THE CIRCLE OFFICER AZARA REVENUE CIRCLE AZARA DIST. KAMRUP ASSAM. 4:UNION OF INIDA REP. BY THE SECRETARY Page No.# 3/5 DEPARTMENT OF CIVIL AVIATION NEW DELHI-1. 5:THE AIRPORT AUTHORITY OF INDIA REP. BY THE REGIONAL EXECUTIVE DIRECTOR LOKOPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 6:THE AIRPORT AUTHORITY OF INDIA NE REGION LOKOPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI-15. 7:ATIKUR RAHMAN S/O LT. ADIDUR RAHMAN R/O S.S. ROAD LAKHTOKIA GUWAHATI-1 P.S. PANBAZAR DIST. KAMRUP ASSAM. ------------ Advocate for the applicant(s): Mr. KN Choudhury, Senior Advocate Mr. RJ Das Advocate for the respondent(s): Mr. N Goswami Government Advocate, Assam Mr. PK Garodia B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH