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2018 Supreme(Megh) 26

MOHAMMAD YAQOOB MIR, S.R.SEN
Shella Action Committee – Appellant
Versus
State of Meghalaya – Respondent


Advocates Appeared:
For the Appellant : B.M. Roy Dolloi, Adv.
For the Respondent: H.S. Thangkhiew, Sr. Adv and N. Mozika, Adv.

ORDER :

Mohammad Yaqoob Mir, J.

1. The petitioner claim to be a registered society formed to protect the poor, illiterate and indigenous people of Shella village so have filed the instant petition projecting therein that the respondents No. 7 (Lum-Mawshun Minerals Pvt. Ltd.) and 8 (Lafarge Umiam Mining Pvt. Ltd.) are two corporate bodies incorporated under the Indian Companies Act, 1956 whereas, respondent No. 9 (Lafarge Surma Cement Ltd.) is a corporate body incorporated in Bangladesh with its headquarter at Dhaka.

(a) The respondent No. 9 is doing business at Dhaka having cement factory located at Chatak whereas, respondents No. 7 and 8 excavate and obtain mineral from Meghalaya, India and supply the same to the respondent No. 9.

(b) The income acquired therein and taxes levied are paid to the Government of Bangladesh, thus, deprive the State of Meghalaya and Union of India from receiving its due share of taxes, causing serious loss of revenue and also irreparable loss to the indigenous people residing within the Sixth Schedule area.

(c) The State respondents are doing business in
















































































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