LAWS(GAU)-2006-12-23

NIPEN CHANDRA KALITA Vs. STATE OF ASSAM

Decided On December 19, 2006
NIPEN CHANDRA KALITA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) <DJG>Aftab H. Saikia, J.-</DJG> Heard the learned counsel for the parties.

(2.) Basically in both the writ petitions, a challenge has been made against settlement of three Mahals namely, Fatasil Stone Mahal No. 1, Fatasil Stone Mahal No. 2 and Fatasil Stone Mahal No. 3 which were kept inoperative for long time in terms of the Supreme Court verdict and subsequently as per the direction of the Apex Court, the Department of Forest of the State Govt. in consultation with the Central Govt. as well as in the light of the 'approval' given by the Government of India, Ministry of Environment and North Eastern Regional Office vide communication dated 09.03.06 (Annexure-1 to the writ petition No. 4659/2006 took a decision to lift the ban on extracting stone from those Mahals and to settle the same charging Net Present Value (NPV).

(3.) In seeking relief, the petitioners in W. P. (C) No. 4659/06 made the following prayer: