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2016 Supreme(Tri) 333

S.TALAPATRA
Oil and Natural Gas Corporation Ltd. – Appellant
Versus
Biplab Deb Roy, son of late Rabindra Ch. Deb Roy – Respondent


Advocates Appeared:
For the Petitioners:Mr. S. Deb, Sr.Advocate, Mr. R. Dasgupta, Advocate
For the Respondents:Mr. J. P. Saha, Advocate

JUDGMENT AND ORDER :

1. All these petitions filed under Article 227 of the Constitution of India being CRP. 12 of 2016 [Smt. Anita Barman v. ONGC Ltd. and Others], CRP. 142 of 2015 [ONGC Ltd. And Others v. Sri Biplab Debroy and Others], CRP. 50 of 2015 [ONGC Ltd. and Others v. Najen Marak and Others], CRP. 54 of 2015 [ONGC Ltd. and Others v. Amarchad Debnath and Another], CRP. 54 of 2016 [ONGC Ltd. And Others v. Pranay Bhusan Debnath] and CRP. 59 of 2016 [ONGC Ltd and Others v. Sri Chandra Sekhar Debnath] are clustered for disposal by a common judgment inasmuch as either the claimants or the requiring agency have questioned the judgments on certain common aspects viz,

(A) whether the application filed under Section 10 (2) and (3) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, hereinafter referred to as the Act was barred by limitation by operation Rule 5 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Rules 1963, hereinafter referred to as the Rules, which provides as follows:

“5.Application to the District Judge for determination of compensation- Any party aggrieved by the determination of the amount of compens




























































































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