STATE OF ASSAM Vs. HIMATSINGKA MOTOR WORKS LTD

JUDGEMENT

(1.) This appeal arises out of a judgment and order, passed by the learned Single Judge, dated September 30,1994 in Civil Rule No. 1280 of 1988. The aforesaid petition was allowed by the learned Single Judge and the present appellants were directed to settle the land in question in favour of the petitioner M/ s. Himatsingka Motor Works Ltd. as early as possible, at any rate, within a period of two months from the date of passing of the order. The appellants felt aggrieved by the aforesaid order. Hence the present appeal, as preferred by the State of Assam and the Deputy Commissioner, Kamrup, Guwahati.

(2.) We have heard Shri B.C. Das, learned counsel appearing for the appellant State and Shri N.M. Lahiri, learned Senior Counsel appearing for the respondent M/s Himatsingka Motor Wofks Ltd.

(3.) The lacts briefly as may be necessary to appreciate the controversy involved in the appeal are that, according to the respondent M/s Himatsingka Motor Works Ltd. (hereinafter to be referred as the petitioner), is a company registered under the Companies Act having its garage and automobile workshop. The case of the petitioner further is that a modem workshop with advanced technology and equipment was established in the year 1958 for manufacturing of automobile accessories after taking a loan from Assam Financial Corporation. Since the petitioner- respondent needed some more land for the purposes of its workshop and factory, Shri G.S. Himatsingka, a Director of the petitioner company applied for settlement of land measuring 1 Bigha 3 Kathas inDag No. 1372 in Sarachela beel on 7,10.58. A copy of the said application has been filed as Armexure-1 to the 'writ petition. According to the petitioner this land was to the south of the land of the petitioner. It was low lying land and unfit for use unless it was developed, but the petitioner had filed it incurring huge amount of money and it extended its business of manufacturing automobile accessories on that plot. The petitioner again applied to the Deputy Commissioner, Kamrup on 6.7.59 for settlement of the said land. The Deputy Commissioner is said to have held discussion with Late Shri R.K. Himat Singka, a Senior Director of the company and he is said to have been asked by the Deputy Commissioner to surrender a strip of land about 14 feet wide on the eastern side of Dag No, 1382 so as to be utilised for purpose of construction of an approach road to the Sarkari Dag No. 1372. It is further indicated that the Deputy Commissioner by letter dated July:22,1959 required the petitioner to confirm the surrender of 14' wide strip of land falling in Dag No. 1382. A copy of the letter dated July 22,1959 has been filed as Annexure-D to the writ petition. On representation made to the Chief Minister on 1.2.60, the petitioner was advised to contact the Industries Department, as a result whereof the petitioner took up the matter with the Director of Industries and wrote letter in that connection on 26.2.60. According to the petitioner, the Director of Industries had recommended the case of the petitioner to the Secretary to the Government of Assam, Revenue Department for settlement of the land in favour of the company. A copy of the aforesaid letter dated 2.3.60 has beem filed as Annexure-in to the writ petition. The Deputy Commissioner is said to have personally inspected the site and the petitionerwrote to the Director of Industries to forward the papers to the Revenue Department to:fulfil the formalities. By letter dated May 20, I960 the petitioner was informed that the Director of Industries had taken up the matter with the Deputy Commissioner, Kamrup. The Deputy Commissioner, Kamrup is also said to have recommended the case in favour of the petitioner for settlement of the land by letter dated 11.3.61 addressed to the Secretary, Revenue(B) Department, Govt. of Assam. A copy of the letter dated 11.3.61 has been filed as Annexure-IV to the writ petition. It is also said that the Deputy Commissiomer had recommended for settling mone land measuring 1 katha free of cost with the petitioner as the petitioner had agreed to relinquish 1 katha of land out of Dag No. 1382 for construction of approach road to Dag No. 1372. There seem to have been some exchange of letters amongst the authorities and by letter dated 25.4.61 the'Director of Industries wrote to the Secretary, Industries to the Government of Assam to take up the matter with the Revenue Department for immediate settlement of land. Annexure-V is the copy of the letter dated 25.4.61