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2016 Supreme(Gau) 1

T.VAIPHEI
Athena Demwe Power Limited – Appellant
Versus
Laideo Tayan – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Mr. N. Dutta, Mr. P. Mahanta, Mr. A. Gupta
For respondent 1, 2 and 3: Mr. AM. Buzarbaruah, Ms. M. Barman, Mrs. M. Bora, Mr. Sunil Mow
For State-respondents/State: Ms. M. Bora

JUDGMENT :

I have had the benefit of reading the erudite judgment of my brother. While I am in respectful agreement with the conclusions of my brother, I would also like to express my view separately. The facts of the cases in the two appeals have been sufficiently dealt with by my learned brother. As observed by his Lordship, though the facts pleaded by the parties are quite numerous, the facts crucial for disposal of the appeals lie on a narrow compass. The following facts are well-established:

1. To facilitate execution of 1750 MW Demwe Power Hydro-Electric Project, the State Government decided to acquire a huge chunk of Kande land measuring 306.47 hectares belonging to the respondents in the year 2012.

2. The acquisition proceeding started with the issuance of the Notification dated 15-2-2010 under Section 4 of the Land Acquisition Act, 1894 (“the Act” for short) for acquiring the said lands, which was followed by the Notification dated 3-8-2010 under Section 6(1) of the Act and thence by the Notification dated 19-11-2010 under Section 7 of the Act followed by the Notification dated 157-2011 under Section 8 of the Act.

3. Finally, the Award under Section 11 of the Act was passed by































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