RNT PLANTATIONS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.K. Kejriwal, learned counsel for the review petitioner as well as Mr. G.N. Sahewalla, learned senior counsel representing respondent no. 2 and Mr. K. Nayak, learned counsel appears on behalf of the respondent nos. 3 and 4.

(2.) The petitioner seeks review of the judgment and order dated 10.05.2018 passed in WP(C) 437/2012. The petitioner company being the owner of Lukwah T.E., located in the district of Sivasagar had instituted the writ petition for a direction towards payment of the value of land, the cost of tea bushes and compensation towards loss of earnings in respect of land measuring 85 Bighas of Lukwah T.E. acquired by the Competent Authority for the benefit of the Oil and Natural Gas Corporation Ltd. (ONGCL). While deciding the case the Court noticed that the petitioner company had earlier instituted another writ petition i.e. WP(C) 4117/2011 claiming appropriate compensation in respect of a parcel of land measuring 433 Bighas of land contiguous and located in the said Lukwah T.E. Although by judgment and order dated 05.09.2011 the said writ petition was disposed of directing the Competent Authority -cum- Deputy Commissioner, Sivasagar to pass fresh order relating to compensation by having regard to the tripartite agreement between the Competent Authority on one hand, the ONGCL and the petitioner company on the other, as well as the letter dated 07.10.2010 of the Additional Deputy Commissioner, Sivasagar and the clarification issued by Toklai Experimental Station, Jorhat dated 08.10.2010, however, the said direction was made subject to the condition if the petitioner had not already availed the right of appeal before the Court of the District Judge, Sivasagar under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962.

(3.) In the order under review this Court also noticed that in respect of the 433 Bighas of land, an appeal under Section 10(2) of the aforesaid Act had been preferred and the same was pending adjudication before the Court of the District Judge, Sivasagar. It was also noticed that even in respect of the 85 Bighas of land a tripartite meeting was held on 12.06.2010 between the representative of the petitioner company, the ONGCL and the competent authority where an agreement was reached on the issue of compensation. This Court had also observed that whereas in respect of the 433 Bighas of land and award had been passed prior to institution of WP(C) 4117/2011, in respect of 85 Bighas of land the award was passed during the pendency of the related writ petition i.e. WP(C) 437/2012, copy of which was brought on record by means of affidavit filed by the Competent Authority -cum- Deputy Commissioner.