KALYAN BORA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE grievance of the petitioner relates to the Government's refusal to grant further 34 days as loss period in connection with the Hatigaon Land Quarry earlier settled with the petitioner for the period 21.12.2001 to 20.12.2003. The petitioner asserts that in taking the impugned decision, the respondent authority has over looked the materials on record.

(2.) I have heard Mr. MA Sheikh, learned counsel for the petitioner and Ms. Rekha Chakravarty, learned State counsel.

(3.) MR . Sheikh has contended that as admittedly in terms of the report of the Range Officer, the bridge was closed for 124 days, the petitioner was entitled in law to be granted a loss period to the full extent and that the rejection of his request of further period beyond 90 days is arbitrary, unfair and unjust, more particularly, when the petitioner has duly cleared in advance all the instalments for the entire period of settlement.