HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HITESWAR SARMA – Appellant
Versus
GAIL (INDIA) LIMITED AND 3 ORS – Respondent
ORDER
04.11.2022 Heard Shri S. Borthakur, learned counsel for the petitioner. Also heard Shri D. Nath, learned Senior Government Advocate, Assam appearing on behalf of the respondent no. 3- the Competent Authority under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (herein after Act) as well as the Deputy Commissioner. Shri N.L. Ganapati, learned counsel has appeared on behalf of the respondent nos. 1 & 2 - GAIL.
The petitioner had earlier approached this Court by filing WP(C)/3739/2022 whereby an order dated 08.03.2022 was put to challenge. During the hearing of the said case, there was an agreement that the GAIL would deposit the suitable amount of compensation payable to the petitioner. An amount of Rs.2,93,16,564.92 was accordingly determined by the Competent Authority vide an order dated 22.07.2022. However, subsequently, the Competent Authority had passed another order dated 25.08.2022 whereby the earlier order dated 22.07.2022 was withdrawn. The learned counsel for the petitioner has submitted that the withdrawal of the earlier assessment was without any authority of law apart from the fact that the Statute does not provide any power of
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