WA 312/2014. Gauhati High Court

Case Number:WA 312/2014
Judgement Date:May 24, 2020
Court:Gauhati High Court
SUMMARY

Writ Appeals under the Gauhati High Court Rules

 
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I N THE GAUHATI HI GH COURT

(High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Writ Appeal No.312 of 2014

  1. The State of Assam ,

    Represented by the Principal Chief

    Conservator of Forest, Assam

    Rehabari, Guwahati-08.

  2. The Divisional Forest Officer,

    Kamrup.

  3. Range Officer,

    Rani Range, Kamrup, Assam.

    ............ Ap pellan t s

    - Versus –

  4. M/ s G.H. Vijapura & Co.

    (A Registered Partnership Firm having its Registered office at Hotel Bombay I nternational 704, 7th Floor, 233/ 234.

    Jurisdiction of Maulana Azad Road & Bellasis Road Patel Apartment, Mumbai-4000080) and Site Office At LGBI Airport, Guwahati-15.

    District- Kamrup, Assam.

  5. Zahidabhai Hussainbhai Vijapura (Partner),

    Son of Hussainbhai Manjibhai Vijapura,

    Resident of Orchid Complex,

    Mumbai Central, Mumbai

    …… Resp on den t s

  6. Airports Authority of I ndia,

    Represented by Senior Manager Engg (c) I I , Runaway Extension Project,

    Rajiv Gandhi Bhawan,

    Safdarjung Airport, New Delhi.

    ........ Pr of or m a Resp on den t s

    Advocates for the appellants: Mr. D. Saikia, Sr. Addl. A.G.

    Advocates for the respondents: Mr. N. Dutta, Sr. Adv Mr. R. Dubey, SC, AAI

    Writ Appeal SL.No.240298

  7. The State of Assam ,

    Represented by the Principal Chief

    Conservator of Forest, Assam

    Rehabari, Guwahati-08.

  8. The Divisional Forest Officer,

    Dibrugarh.

  9. The Forest Range Officer,

    Khowang Range, Moran.

    ............ Ap pellan t s

    - Versus –

  10. M/ s Bharatia Associates Private Limited,

    A Company incorporated under the

    Companies Act, 1956, having its registered Office at 302, Akashdeep Building, Lakhtokia Guwahati-1 and its camp office at Bogibeel, Dibrugarh, (Represented in the instant case by its attorney Sri Ghanshyam Mishra).

    ........ Resp on den t s

  11. Union of I ndia

    Represented by Ministry of Railway, Government of I ndia, New Delhi.

  12. Chief Engineer/ Construction/ I I I ,

    N.f. Railway, Maligaon,

    Guwahati, Kamrup, Assam.

    ........ Pr of or m a Resp on den t s

    Advocates for the appellants: Mr. D. Saikia, Sr. Addl. A.G

    Advocates for the respondents : None had appeared.

    Writ Appeal SL.No.240147

  13. The State of Assam ,

    Represented by the Principal Chief

    Conservator of Forest, Assam

    Rehabari, Guwahati-08.

  14. The Chief Conservator of Forest (T),

    Assam, Rehabari, Guwahati-08.

  15. The Divisional Forest Officer,

    Dhemaji Division, Dhemaji.

    ............ Ap pellan t s

    - Versus –

  16. M/ s Brahmaputra Consortium Limited,

    2nd Floor, Hemran Bora Market Complex, Ulubari, G.S Road, Guwahati-781007. Represented by Pradip Jalan, Manager.

  17. Sri Pradip Jalan, Manager,

    M/ s Brahmaputra Consortium Limited, Son of Sri Pusraj Jallan

    Resident of ABC, Tarun Nagar, Guwahati-5, District-Kamrup, Assam.

  18. Union of I ndia

    Represented by General Manager, N.F. Railway, Maligaon

  19. The Chief Engineer (Con),

    N.F. Railway, Maligaon, Guwahati

  20. The Deputy Chief Engineer (Con)

    N.F. Railway, Silapathar

  21. The Executive Engineer,

    N.F. Railway, Silapathar

  22. The Assistant Executive Engineer,

    N.F Railway, Silapathar

    ........ Resp on d en t s

    Advocates for the appellants: Mr. D. Saikia, Sr. Addl. A.G.

    Advocates for the respondents : Mr. N. Dutta, Sr. Adv

    Writ Appeal SL.No.239658

  23. The State of Assam ,

    Represented by the Principal Chief

    Conservator of Forest, Assam

    Rehabari, Guwahati-08.

  24. The Divisional Forest Officer,

    Kamrup.

    ............ Ap pellan t s

    - Versus –

  25. M/ s DRA Brahmaputra Consortium Ltd,

    Site Office, LGBI Airport, Guwahati-15 Registered office at Agarwal Complex Near Lion’s Hall, Disa-385535 (Gujrat) Branch Office at LGBI Airport,

    Gwahati-15, District- Kamrup, Assam.

  26. Airports Authority of I ndia,

    Represented by Senior Manager Engg (Civil) Runway Extension Project.

    ........ Resp on d en t s

    Advocates for the appellants: Mr. D. Saikia, Sr. Addl. A.G.

    Advocates for the respondents : Mr. N. Dutta, Sr. Adv

    Writ Appeal SL.No.240144

  27. The State of Assam ,

    Represented by the Principal Chief

    Conservator of Forest, Assam

    Rehabari, Guwahati-08.

  28. The Chief Conservator of Forest (T),

    Assam, Rehabari, Guwahati-08.

  29. The Conservator of Forest,

    Central Assam Circle, Guwahati.

  30. The Divisional Forest Officer,

    Kamrup East Division, Basistha

  31. The Divisional Forest Officer,

    Kamrup East Division, Bamunigaon

  32. The Divisional Forest Officer,

    N.K. Division, Rangia

    ............ Ap pellan t s

    - Versus –

  33. M/ s Brahmaputra Consortium Limited,

    2nd Floor, Hemran Bora Market Complex, Ulubari, G.S Road, Guwahati-781007.

  34. M/ s Dinesh Chandra R. Agarwal I nfracon Pvt Ltd

    Agarwal Complex, Near Lions Hall

    Disa-385535, Gujrat.

  35. M/ s Banowarilal Agarwalla Pvt Ltd

    AFMC Fortuna,

    3rd Floor, Unit A-7, 234/ 3A, AJC Bora Road Kolkata-700020

    ........ Respon d en t s

  36. Union of I ndia

    Represented by General Manager (EW-I ) National Highway Authority of I ndia

    G-5 & ^ , Sector 10, Dwarka,

    New Delhi-25074100

  37. National Highway Authority of I ndia,

    Ministry of Road, Transport and Highway Government of I ndia, New Delhi.

    ........ Pr of or m a Respon den t s

    Advocates for the appellants: Mr. D. Saikia, Sr. Addl. A.G.

    Advocates for the respondents :Mr. N. Dutta, Sr. Adv

    BEFORE

    HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH

    HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA

    Date of hearing : 12.05.2017

    Date of Judgment : 24.05.2017

    JUDGMENT & ORDER ( CAV)

    ( A.M. Bu j or Bar u a, J)

    Heard Mr. D. Saikia, learned Senior Additional Advocate General, Assam appearing on behalf of the appellants. Also heard Mr. N. Dutta, learned senior counsel appearing on behalf of the respondents/ writ petitioners in Writ Appeal No.312/ 2014, Writ Appeal SL No.240147 [ I .A(Civil) No.1512/ 2017] , Writ Appeal SL No.239658 [ I .A.(Civil) No.1514/ 2017] and Writ Appeal SL No.240144 [ I .A.(Civil) No.1515/ 2017] and Mr. R. Dubey, learned counsel for the respondent

    Airport Authority of I ndia appearing in Writ Appeal No.312/ 2014. None had appeared for the respondents/ writ petitioners in Writ Appeal SL No.240298 [ I .A.(Civil) No.1511/ 2017] .

  38. I n all the writ appeals, a common question for determination before this Court is as to whether the respective contractors, for filling up the land sites for the Airport Authority of India, National Highway Authority of I ndia as well as the Northeast Frontier Railways are required to pay royalty in respect of the earth extracted by them from private Patta lands of the different land owners and used for the purpose of filling up the land. As the common determination would meet the requirement of all the writ appeals, it is deemed appropriate that the facts pertaining to one of the writ appeal be taken into consideration. Accordingly, this adjudication is made on the basis of the facts involved in Writ Appeal No.312/ 2014.

  39. The respondent No.1 contractor was issued a work order dated...

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