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2019 Supreme(Online)(GAU) 206

HIGH COURT OF GAUHATI
UJJAL BHUYAN, J
RNT PLANTATIONS LIMITED OWNER- LUKWAH TEA ESTATE – Appellant
Versus
OIL and NATURAL GAS CORPORATION LTD. – Respondent


Advocates:
For the Appellants/Petitioners: MS.M HAZARIKA
For the Respondents: MR.G N SAHEWALLA, MR. S K KEJRIWAL, MS M D BORA

Table of Content
1. status of petitioner’s claims for pollution damage. (Para 2 , 5)
2. details of compensations agreed and status. (Para 3 , 4 , 6)
3. legality of previous judgments affecting current claims. (Para 8 , 10 , 13)

ORDER

Date : 20-05-2019

Heard Mr S K Kejriwal, learned counsel for the petitioner and Mr G N Sahewalla, learned Senior Counsel, assisted by Mr Anix Singh, learned counsel for respondent Nos. 1 and 2/Oil and Natural Gas Corporation Limited (ONGC). Also heard Ms M D Bora, learned Government Advocate, Assam, for respondent Nos. 2 and 3.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to implement order of this Court dated 05.09.2011, passed in WP(C) No. 4117 of 2011 in letter and spirit and further seeks a direction to the respondents to decide all pollution related claims of the petitioner irrespective of years of such claims and to suggest remedial measures.

3. Petitioner is a company carrying on the business of plantation, manufacture and sale of tea. It owns thet Lukwah Tea Estate in the district of Sivasagar.

3.1. Case of the petitioner is that during the last several decades a major portion

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