LAWS(GAU)-2023-10-74

TARI HAI Vs. GAUHATI HIGH COURT

Decided On October 16, 2023
Tari Hai Appellant
V/S
GAUHATI HIGH COURT Respondents

JUDGEMENT

(1.) The preceding facts relevant and essential for disposal of this writ petition are noted hereinbelow.

(2.) The writ petitioners herein, filed 3(three) separate writ petitions, i.e. (i) WP(C) No.363(AP)/2022 [Tari Hai -Vs- NHPC & Ors.], (ii) WP(C) No.366(AP)/2022 [Tapu Nyicyor -Vs- NHPC & Ors.] and (iii) WP(C) No.201(AP)/2023 [Tadak @ Jumdak Hale -Vs- NHPC & Ors.], respectively, at the Itanagar Permanent Bench for challenging the acquisition of their lands for construction of 2000 MW Lower Subansiri Hydro Power Project at Gerukamukh in Dhemaji district, Assam.

(3.) The Chief Justice of Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh), rejected the prayer for transfer of the said writ petition to Itanagar Permanent Bench and at the same time, passed an order dtd. 9/3/2022 exercising administrative powers conferred by virtue of proviso to Clause 2 of the Notification No.K. 11018/6/95.U.S.I. dtd. 18/7/2000 in the following terms:-