The Chief Justice possesses broad discretionary powers to transfer cases between judicial benches, and such decisions do not undermine the integrity of any individual bench.

JUDGMENT :

[Sandeep Mehta, J.]

The preceding facts relevant and essential for disposal of this writ petition are noted hereinbelow.

2. The writ petitioners herein, filed 3(three) separate writ petitions, i.e. (i) WP(C) No.363(AP)/2022 [Tari Hai -Vs-NHPC & Ors.], (ii) WP(C) No.366(AP)/2022 [Tapu Nyicyor -Vs-NHPC & Ors.] and (iii) WP(C) No.201(AP)/2023 [Tadak @ Jumdak Hale -Vs-NHPC & Ors.], respectively, at the Itanagar Permanent Bench for challenging the acquisition of their lands for construction of 2000 MW Lower Subansiri Hydro Power Project at Gerukamukh in Dhemaji district, Assam.

The petitioners have raised a grievance in the aforesaid writ petitions that the NHPC, being the executive agency, had not deposited the compensation amount as assessed and hence, the writ petitions aforestated came to be filed before the Itanagar Permanent Bench. Various other writ petitions pertaining to the same controversy came to be filed at the Itanagar Bench in the intervening period.

In the meantime, a writ petition, being WP(C) No.5402/2020 came to be filed in relation to the same acquisition proceedings at the Principal Seat, Guwahati under the title of NHPC -Vs-The State of Arunachal Pradesh & Ors. One Shri Appu Raj Gogoi, Advocate moved an application seeking transfer of the aforesaid writ petition [WP(C) No.5402/2020] to the Itanagar Permanent Bench on the ground that some other matters relating to the same issue were pending at the Itanagar Permanent Bench.

3. The Chief Justice of Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh), rejected the prayer for transfer of the said writ petition to Itanagar Permanent Bench and at the same time, passed an order dated 09.03.2022 exercising administrative powers conferred by virtue of proviso to Clause 2 of the Notification No.K. 11018/6/95.U.S.I. dated 18.07.2000 in the following terms:-

“Not required and similar matters be transferred to Principal Bench”.

Later on, based on the said order, other similar writ petitions filed at the Itanagar Permanent Bench also came to be transferred to the Principal Seat at Guwahati vide order dated 30.11.2022.

4. Learned counsel Mr. T. Pertin filed an application dated 13.03.2023 requesting transfer back of 26 writ petitions pertaining to the land acquisition for the 2000 MW Lower Subansiri Hydro Power Project at Gerukamukh in Dhemaji district, Assam to the Itanagar Permanent Bench. The said prayer of Mr. T. Partin, learned counsel was rejected by the administrative order dated 31.03.2023.

5. The administrative order dated 09.03.2022 passed by the Chief Justice, Gauhati High Court directing transfer of the two writ petitions, i.e. WP(C) No.206 (AP)/ 2021 and WP(C) No.208(AP)/2021, and the subsequent transfer of other analogous writ petitions, is subjected to challenge in this writ petition.

6. Mr. U.K. Nair, learned senior counsel, assisted by Mr. H.K. Das, learned counsel appearing for the respondent Gauhati High Court submitted that they are not desirous of filing any affidavit in this matter and that the matter may be heard as such.

7. Mr. T. Pertin, learned counsel representing the petitioners addressed the Court through VC and advanced extensive oral submissions in order to emphasize that the orders directing transfer of the writ petitions filed by the petitioners and other similar writ petitions from Itanagar Permanent Bench to the Principal Seat at Guwahati, are without jurisdiction and unsustainable in the eyes of law.

8. Mr. Pertin firstly raised