J.N.SARMA, P.G.AGARWAL
Assam State Electricity Board and Ors. – Appellant
Versus
Bharat Hydro Power Corporation Ltd. and Ors. – Respondent
These two writ appeals have been filed against the same judgment of the learned Single Judge passed in CR Nos 6 and 283 of 1997. The judgment of the learned Single Judge was passed on 19.7.97. As both the appeals raised the common questions of law and facts, they are taken up for hearing together. It may be stated herein that a cross objection also has been filed by the respondent Nos. 1, 2 and 3 in Writ Appeal No. 464 of 1997 and that also we have heard together.
2. We have heard Mr. PG Baruah, learned counsel for the appellant in WA No. 464 of 1997 and Mr. V. Hansaria, learned counsel for appellant in WA No.460 of 1997 and Mr. BL Jain, learned counsel for respondents in both the appeals.
3. A written argument has been filed on behalf of the appellant in Writ Appeal No.460 of 1997 and written argument also has been filed on behalf of the respondents. Earlier CR No. 6 of 1997 was filed challenging the legality and validity of an Ordinance, later on an Act was passed by the State of Assam in the name and style of Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 (Assam Act 1 of 1997) (hereinafter referred to as the Act) and
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