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2021 Supreme(SC) 36

S. ABDUL NAZEER, SANJIV KHANNA
ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD. – Appellant
Versus
GILLAPUKRI TEA COMPANY LIMITED – Respondent


Advocates Appeared:
For the Petitioner(s):Jayant Bhushan Nishant Das, Abhay Singh, Kaustubh Shukla, Ankita Agarwal, Advocates
For the Respondent(s):Senthil Jagadeesan, Shuvodeep Roy, Rahul Mishra, Advocates

JUDGMENT :

S. ABDUL NAZEER, J.

1. Leave granted.

2. Assam Industrial Development Corporation Limited has filed these appeals challenging the judgment and order in Writ Appeal Nos. 219 & 220 of 2017 dated 14.03.2019 whereby the Division Bench of the High Court of Guwahati has dismissed the said appeals confirming the order of the Learned Single Judge in Review Petition Nos. 79 & 80 of 2016.

3. Brief facts necessary for disposal of these appeals are as under.

4. In order to set up a plastic park, the Government of Assam decided to acquire a portion of the land belonging to the first respondent situated at Gillapukri Tea Estate, Village Gillapukri, Tinsukia, Assam. The Government of Assam, in exercise of the power vested in it under Section 4 of the Land Acquisition Act, 1894 (for short 'L.A. Act') issued a notification dated 04.08.2008, which was published in the Assam Gazette on 08.08.2008, expressing its intention to acquire 1,166 biggas, 1 katha, 14 less as of land of the aforesaid Gillapukri Tea Estate. The proceedings being L.A Case No. 1 of 2008 were also initiated for the purpose of acquisition before the District Collector, Tinsukia and, for that purpose, declaration dated 17.06.2


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