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2004 Supreme(SC) 209

K.G.BALAKRISHNAN, B.N.SRIKRISHNA
Green View Tea And Industries – Appellant
Versus
Golaghat, Assam – Respondent


JUDGMENT

Srikrishna, J.-This is an appeal by special leave against the judgment of the Guwahati High Court dated 25.8.1999 dismissing a review application taken out by the appellant.

2. At the outset, by I.A. No. 3 of 2003, the respondents sought revocation of the special leave granted in the civil appeal on the ground that it is barred by res judicata or principles analogous thereto. It would be necessary to appreciate the facts in order to evaluate this preliminary objection.

3. The appellant is a partnership firm, which owns a tea estate known as Rajabari Tea Estate situated in the District of Golaghat, Assam. Its business consists of running the tea estate and the production and sale of tea. The tea estate owned by the appellant was about 1800 bighas [1 bigha is approximately 14,400 sq. feet or about 1/3rd of an acre] and employed about 170 workmen and other staff required for the management of the estate. It also had a tea-manufacturing establishment on its premises.

4. A large portion of the tea estate was intended to be acquired by the Government of Assam for the construction of an oil refinery. On 17th August 1992, the State Government sent a proposal to the Collector, Golaghat





































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