Gauhati High Court
P.O.- Margherita vs The Numaligarh Refinery Ltd. And 2 Ors on 11 September, 2023
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/11
GAHC010181042023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: WP(C)/2699/2023
M/S UPPER ASSAM PETROCOKE PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NO. 2
MAKUM PATHER
P.O.- MARGHERITA
DISTRICT- TINSUKIA
ASSAM
PIN- 786181
AND REPRESENTED BY SHRI ARUP KUMAR MAITY
ONE OF THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE
PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
Page No.# 2/11
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REGINERY
MORANGI
P.O. NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Linked Case : WP(C)/2702/2023
M/S INDIA CARBON LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NOONMATI
GUWAHATI- 781020
AND REPRESENTED BY SHRI SHYAMAL KUMAR BHATTACHARJYA
GENERAL MANAGER (ADMINISTRATION AND COMMERCIAL) AND
AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS.
LOCATED AT MORANGI
GOLAGHAT
ASSAM
AND A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
Page No.# 3/11
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.- NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM- 781006.
------------
Linked Case : I.A.(Civil)/2394/2023
M/S NEW AGE PETCOKE PVT LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT PALASHBARI
NH-31C
P.O. KAJALGAON
DIST. CHIRANG
BTAD
ASSAM
PIN- 783385 AND REPRESENTED BY SHRI BIPUL KUMAR DUTTA ONE OF
THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE PETITIONER
COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM AND A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
Page No.# 4/11
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFi HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Linked Case : I.A.(Civil)/2382/2023
M/S UPPER ASSAM PETROCOKE PVT. LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NO. 2
MAKUM PATHER
P.O.- MARGHERITA
DISTRICT- TINSUKIA
ASSAM
PIN- 786181
AND REPRESENTED BY SHRI ARUP KUMAR MAITY
ONE OF THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE
PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
Page No.# 5/11
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REGINERY
MORANGI
P.O. NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
Linked Case : WP(C)/2919/2023
M/S GUWAHATI CARBON LIMITED
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956. HAVING ITS REGISTERED OFFICE - PUB-BORAGAON
GORCHUK
N.H.-37
P.O.-GORCHUK
GUWAHATI-781035
ASSAM
REPRESENTED BY ITS DIRECTOR SHRI SANJIB KUMAR BARUAH
VERSUS
NUMALIGARH REFINERY LIMITED AND 3 ORS
MORANGI
GOLAGHAT
ASSAM. A GOVERNMENT OF INDIA ENTERPRISE REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR. HAVING ITS REGISTERED OFFICE AT
122A
Page No.# 6/11
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI-781005
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.-NRP
DIST- GOLAGHAT
ASSAM
PIN-785699
3:THE GM (MARKETING)
NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN-781006
4:M/S E-PROCUREMENT TECHNOLOGIES PVT. LTD. (PROCURE TIGER)
HAVING ITS OFFICE AT B-704-705
WALL STREET-2 NEAR GUJARAT COLLEGE ELLISBRIDGE AHMEDABAD
GUJARAT-380006
------------
Linked Case : WP(C)/2273/2023
BRAHMAPUTRA CARBON LIMITED
A COMPANY INCORPORATED UNDER THE COMPANIES ACT
1956. HAVING ITS REGISTERED OFFICE AT INDUSTRIAL ESTATE NEW
BONGAIGAON
P.S.
P.O. AND DIST. BONGAIGAON
PIN- 783380
REPRESENTED BY ITS DIRECTOR SHRI SANJIB KUMAR BARUAH.
VERSUS
NUMALIGARH REFINERY LIMITED AND 3 ORS
MORANGI
GOLAGHAT
ASSAM
A GOVERNMENT OF INDIA ENTERPRISE REPRESENTED BY ITS
CHAIRMAN/MANAGING DIRECTOR
HAVING ITS REGISTERED OFFICE AT 122A
Page No.# 7/11
NRL CENTRE
G.S. ROAD CHRISTIAN BASTI
GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING)
NUMALIGARH REFINERY LIMITED NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
4:M/S. E-PROCUREMENT TECHNOLOGIES PVT. LTD. (PROJECT TIGER)
HAVING ITS OFFICE AT B-704-705
WALL STREET-2
NEAR GUJARAT COLLEGE ELLISBRIDGE
AHMEDABAD
GUJARAT-380006.
------------
Linked Case : I.A.(Civil)/2419/2023
M/S INDIA CARBON LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT NOONMATI
GUWAHATI- 781020
AND REPRESENTED BY SHRI SHYAMAL KUMAR BHATTACHARJYA
GENERAL MANAGER (ADMINISTRATION AND COMMERCIAL) AND
AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS.
LOCATED AT MORANGI
GOLAGHAT
ASSAM
AND A GOVERNMENT OF INDIA ENTERPRISE
Page No.# 8/11
AS REPRESENTED BY ITS CHAIRMAN/ MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O.- NRP
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFI HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM- 781006.
------------
Linked Case : WP(C)/2662/2023
M/S NEW AGE PETCOKE PVT LTD.
A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
COMPANIES ACT
1956 AND HAVING ITS REGISTERED OFFICE SITUATED AT PALASHBARI
NH-31C
P.O. KAJALGAON
DIST. CHIRANG
BTAD
ASSAM
PIN- 783385 AND REPRESENTED BY SHRI BIPUL KUMAR DUTTA ONE OF
THE DIRECTORS AND AUTHORIZED SIGNATORY OF THE PETITIONER
COMPANY.
VERSUS
THE NUMALIGARH REFINERY LTD. AND 2 ORS
LOCATED AT MORANGI
GOLAGHAT
ASSAM AND A GOVERNMENT OF INDIA ENTERPRISE
Page No.# 9/11
AS REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR
AND HAVING ITS REGISTERED OFFICE AT 122A
NRL CENTRE
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI-781005.
2:THE DEPUTY GENERAL MANAGER NRMT
NUMALIGARH REFINERY
MORANGI
P.O. NRP
DIST. GOLAGHAT
ASSAM
PIN- 785699.
3:THE CM (MARKETING) NUMALIGARH REFINERY LIMITED
NEDFi HOUSE
4TH FLOOR
G.S. ROAD
GANESHGURI
GUWAHATI
ASSAM
PIN- 781006.
------------
For the petitioner (s) : Ms. S. Todi, Advocate
For the respondent (s) : Mr. G. Alam, Advocate for the respondent No.5
Ms. M. Barman, Jr. Govt. Advocate
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
11.09.2023 The instant writ petition has been filed by the petitioner seeking a direction upon the respondents to release an amount of Rs.18,97,400/- in respect to the acquisition of land measuring 2 kathas 14 lechas located in Dag No.396 and PP No.5 belonging to the petitioner.
Page No.# 10/11
2. It reveals from the records that the Ministry of Road Transport and Highways had issued a notification under the provisions of the National Highways Act, 1956 for acquiring various plots of land including the plot of land measuring 2 kathas 14 lechas covered by Dag No.396 of PP No.5 of village Meteli under Hatigarh Mouza in the district of Jorhat, Assam for the purpose of four laning of the National Highway No.37 in the district of Jorhat.
3. It reveals form the records that pursuant to the proceedings initiated under the provisions of National Highways Act, 1956, an amount of Rs.18,97,400/- was adjudged as the just and reasonable compensation for acquisition of the said plot of land. The said amount was duly released to the petitioner. However, on complaint being lodged by the newly impleaded respondent No.5, the petitioner was compelled to return the said amount to the competent authority. This aspect of the matter is clear from the affidavit filed by the respondent No.2 in the writ petition.
4. The dispute, however, in the instant writ petition pertains to as to whether the petitioner is entitled to the said amount or it is the newly impleaded respondent No.5. In this regard, this Court finds it relevant to take note of Section 3H of the National Highways Act, 1956 and more particularly Sub-Section (4) of Section 3H of the said Act wherein it is specifically stipulated that if there is any dispute as to the apportionment of the amount or any part thereof or to any person to whom the same or part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.
5. Taking into account the statutory mandate, it is the opinion of this Page No.# 11/11 Court that when a dispute has arisen as regards the apportionment of the amount between the petitioner and the newly impleaded respondent No.5 which is apparent even from the affidavit filed by the respondent No.2, it was the duty on the part of the competent authority to refer it to the Principal Civil Court of original jurisdiction within whose jurisdiction, the land is situated. In the instant case as the land is situated at Jorhat, it would be before the learned District Judge, Jorhat to whom the competent authority was required to make a reference.
6. Accordingly, the instant writ petition stands disposed of with a direction to the competent authority, i.e. the respondent No.2 to refer the dispute as regards the entitlement of the amount of Rs.18,97,400/- in respect to the land measuring 2 kathas 14 lechas located in Dag No.396 and PP No.5 of village Meteli under Hatigarh Mouza, Jorhat to the learned District Judge, Jorhat within 15 (fifteen)days from the date of receipt of the certified copy of the instant order.
7. This Court further observes that the learned District Judge, Jorhat thereupon shall adjudicate the same in the manner provided in the National Highways Act, 1956.
8. With the above observations and direction, the instant writ petition stands disposed of.
JUDGE Comparing Assistant