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2021 Supreme(Gau) 202

KALYAN RAI SURANA
National Hydro Electric Power Corporation Ltd. – Appellant
Versus
National Commission For Scheduled Tribes – Respondent


Advocates Appeared:
P.K. Tiwari, Advocate, A.R. Gogoi, Advocate, S. Sarma, Advocate, T. Pertin, Advocate

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. P.K. Tiwari, learned Senior Counsel, assisted by Mr. A.R. Gogoi, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned CGC appearing for respondent no.1 and Mr. T. Pertin, learned counsel for respondent no.2.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner which is a Government of India undertaking has assailed the legality of the minutes and direction of the Assam Commission for Scheduled Tribes (respondent no.1), sitting held on 27.09.2019 regarding payment of full compensation against submergence of 1225 hectares due to construction of lower Subansiri Hydro Electric Project at Gerakamukh along Assam- Arunachal Pradesh Boarder and to submit the compliance report.

3. At the outset, the learned Senior Counsel for the petitioner has submitted that some necessary facts has been stated in this writ petition, but the petitioner has only challenged the power and jurisdiction of the respondent no. 1 Commission to issue directions as contained in the minutes dated 27.09.2019. It is submitted that on various factual aspects, separate writ petitions have been filed. Accordingly, it is submi

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