JUDGMENT

Bhan, J.-These appeals are directed against a common judgment passed by the Division Bench of the High Court of Gauhati wherein the Division Bench while setting aside the judgment of the learned Single Judge dated 19th July, 1997 has dismissed the writ petition filed by the appellants. The writ petition was filed by the appellants challenging the constitutional validity of the Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 being Assam Act 1 of 1997 published in the Assam Gazette Extraordinary dated 6th January, 1997.

Facts :

2. In the year 1979, the Planning Commission of India sanctioned a proposal of the Assam State Electricity Board (hereinafter referred to as the Board ) for construction of a Hydro Electric Power Station in the District of Karbi Anglong on the river Barapani at an estimated cost of Rs. 36.36 crores. The project comprised construction of 51 meter high concrete dam on the river Barapani near Hatidubi for utilising flow of water from catchment area of 1178 Sq. km. The installed capacity of the project was 2 x 50 MW. The dam was to be completed in the year 1986, but due to the failure of the local contractor, the