LA.App. 7/2016. Gauhati High Court
| Case Number | LA.App. 7/2016 |
| Judgement Date | February 16, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH CoURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LA App. 7 of 2016
CENTRAL I NLAND WATER TRANSPORT CORPORATI ON LI MI TED
A REGI STERED GOVT. CO. HAVI NG I TS REGI STERED OFFI CE AT 4 FAI RELY PLACE, KOLKATA -1 AND A BRANCH OFFI CE AT CI WTC COLONY, M.G. ROAD, FANCY BAZAAR, GUWAHATI 781001, DI ST. KAMRUP (M), ASSAM.
- Appellant/ Claimant Versus-
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SHRI DI PENDRA ADHI KARI
S/ O LATE UPENDRA DEVA ADHI KARI , R/ O HOUSE NO. 129, GOPI NATH NAGAR, GUWAHATI 781016, DI ST. KAMRUP (M), ASSAM.
-Claimant/ Respondent
-
THE COLLECTOR,
DI ST. KAMRUP (M), GUWAHATI 781001, ASSAM.
- (Referring Authority)/ Respondent BEfoRE
HoN’BLE MR. JUSTICE pRASANTA KUMAR DEKA
Advocate for the appellant Mr. B Kalita, Sr. Advocate
Assisted by Mr. A Khanikar
Advocate for the respondent Mr. C K S Baruah, Govt. Advocate
Mr. B M Choudhury
Date of hearing & Judgment: 16th February, 2017.
LA App. 8 of 2016
M/ S VALLEY VI EW REAL ESTATE
A REGI STERED PARTNERSHI P FI RM HAVI NG I TS REGI STERED OFFI CE AT SHARMA RI CE MI LL COMPLEX, FATASI L, GLASS FACTORY COMPOUND, GUWAHATI 781009, DI ST. KAMRUP (M) ASSAM, REPRESENTED BY I TS MANAGI NG PARTNER, NAMELY SRI PAWAN KUMAR SHARMA, S/ O SRI SHI W BHAGAWAN SHARMA, R/ O SHARMA RI CE MI LL COMPLEX, FATASI L, GLASS FACTORY COMPOUND, GUWAHATI 781009, DI ST. KAMRUP (M), ASSAM.
- Appellant/ Claimant Versus-
-
THE COLLECTOR CUM DEPUTY COMMI SSI ONER KAMRUP KAMRUP (M), PANBAZAR GUWAHATI 781001
LA.App.07 of 2016
-
DWI PENDRA ADHI KARI
S/ O LATE UPENDRA DEV ADHI KARI .
-
SMT. NAMI TA KAKATI ADHI KARI
D/ O LATE UPENDRA DEV ADHI KARI
-
MONI KA ADHI KARI
D/ O LATE UPENDRA DEV ADHI KARI
-
SMT. ANI MA ADHI KARI
D/ O LATE UPENDRA DEV ADHI KARI , SL. NO. 2, 3, 4 & 5 ARE R/ O HOUSE NO. 129, ADHI KARI HOUSE, SHANKARPUR, GOPI NATH NAGAR, GUWAHAI -16, DI ST. KAMRUP (M), ASSAM.
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THE CENTRAL I NLAND WATER TRANSPORT CORPORATI ON ( CI WTC)
FOR AND ON BEHALF OF M/ S MACMI LAN AND COMPANY AGENT OF RSM COMPANY AND M/ S KI BURN & COMPANY, AGENT OF I GN AND RAI LWAY CO. LTD., REPRESENTED BY I TS COMPANY SECY., FANCY BAZAR, GUWAHATI -781001, DI ST. KAMRUP (M), ASSAM.
- Respondent/Opposite party
BEfoRE
HoN’BLE MR. JUSTICE pRASANTA KUMAR DEKA
Advocate for the appellant Mr. A D Choudhury
Advocate for the respondent Mr. C K S Baruah, Govt. Advocate
Mr. B M Choudhury
Date of hearing & Judgment: 16th February, 2017.
JUDGMENT AND oRDER
The LA.App.07/ 2016 and LA.App. 08/ 2016 has arisen out of the common Reference Case No. 07/ 2014 which was sent for a dispute as to the apportionment of compensation and referred by the Collector, Kamrup(M) in LA. Case No. 24/ 2008 which was disposed of by a common judgment passed by the learned Additional District Judge (FTC) No.3, Kamrup, Guwahati in Reference Case No.07/ 2014. Under Section 11 of the Land Acquisition Act,1894 an amount of Rs.5,44,21,500/ - was awarded as compensation in connection with acquisition of land measuring 15B 1K 13L’s covered by Dag No.466 and 468 patta No.45 Grant, Village-
LA.App.07 of 2016
Sahar Kharguli, Mouza-Ulubari. While apportioning the said amount of compensation a dispute followed between the appellant in the present LA App.07/ 2016 and LA.App.08/ 2016 and as such the Collector, Kamrup(M) made a reference of the said dispute to the learned court below. The case of the claimants/ petitioner, Dipendra Adhikari in LA Case No.24/ 2008 who is the respondent No.1 in LA. App.07/ 2016 and respondent Nos. 2 in LA. App. No.08/ 2016, that Late Saroj Kumari the grandmother of the respondent No.1 in LA.07/ 2016 and respondent Nos. 2 to 5 in LA. App.08/ 2016 was the original...
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