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2010 Supreme(Gau) 480

ANIMA HAZARIKA
Calcom Cement India Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Ms. M. Hazarika, Ms. A. Ajitsaria, Ms. A. Goswami and Ms. J. Hazarika
For Respondents/Defendant: Mr. A.K. Phookan, Ms. H.M. Phukan, Mr. M. Bhuyan, Mr. M. Choudhury, Mr. A.M. Mazumdar, Mr. S.K. Upadhyaya, Mr. M. Nath, Mr. D.P. Borah, Mr. B.D. Dasand Mr. D. Nath

JUDGMENT

Smt. Anima Hazarika, J.

1. This petition under article 226 of the Constitution of India has been filed by the Petitioners praying for setting aside and quashing the Memorandum of Understanding ('MoU') entered into between Assam Mineral Development Corporation ('AMDC') (respondent No. 6) and M/s. Jayprakash Associates Ltd. (respondent No. 8) in so far as it relates to utilization of limestone and coal deposits available in the mines of the AMDC at New Umrangshu and North Cachar Hills district and further for restraining the Respondents from giving effect to the MoU entered into by the said Respondent No. 6 with Respondent No. 8 without first making available limestone and coal to the Petitioners from the mines of AMDC at New Umrangshu and North Cachar Hills district on requirement basis and also for direction to the Respondents to make available limestone and coal to the Petitioners from the mines of AMDC at New Umrangshu and North Cachar Hills District respectively on requirement basis pursuant to the cabinet decision and commitments said to be made by the State Government.

2. Heard Mrs. M. Hazarika, learned senior counsel assisted by Ms. A. Ajitsaria, Learned Counsel appeari














































































































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