Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LANUSUNGKUM JAMIR, A.C.J., N.UNNI KRISHNAN NAIR
Shamshun Tea Industries Private Ltd. – Appellant
Versus
Chairman And Managing Director – Respondent
| Table of Content |
|---|
| 1. civil dispute over land compensation (Para 3 , 4 , 5 , 6) |
| 2. contentions regarding power of attorney (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. judicial dismissal and reasoning (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. exclusion of time for limitation (Para 20) |
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Ms. M. Hazarika, learned senior counsel, assisted by Ms. Sanjana Newar, learned counsel, appearing on behalf of the appellant. Also heard Mr. K. Kalita, learned standing counsel, Oil India Ltd., appearing on behalf of respondents No. 1, 2, 3 & 4.
2. In view of the nature of the order proposed to be passed today; notice upon respondent No. 5, is deemed to be not necessary.
3. The appellant, herein, has instituted the present intra-court appeal assailing the order, dated 25.11.2024, passed by the learned Single Judge in WP(c)3654/2024, dismissing the same, granting liberty to the appellant to approach the competent Court of civil jurisdiction for redressal of its grievances.
4. The issue involved in the present proceeding is with regard to the payment of compensation for acquisition of land of the appellant by the Oil India Ltd.(OIL) and payments thereof, made to the respondent No. 5,
A dispute regarding land acquisition compensation fundamentally constitutes a civil matter, requiring resolution through civil courts rather than writ jurisdiction.
The court upheld the legality of the land acquisition process under the LAND ACQUISITION ACT, emphasizing that claims of procedural violations must be explicitly pled and that acquisitions for public....
The authority becomes functus officio after determining compensation apportionment, and cannot refer disputes to the District Judge post-disbursement.
The main legal point established in the judgment is that when complicated questions arise as regards entitlement and apportionment of compensation, the Collector should make a reference to the Court ....
A compromise decree's unambiguous terms govern claims over compensation amounts, barring revision attempts by parties seeking to contest prior agreements.
The Competent Authority under the National Highways Act cannot revise its compensation order, and disputes must be resolved through arbitration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
