Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 22817 (GAU)

Smt. Gopa Devi Chakma and and 713 Ors v. Smt. Debashree Mukherjee and 5 Ors.

I.A.(Civil)/74/2025 · 2025-05-18

Kaushik Goswami

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC030004662021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/25/2021 Smt. Gopa Devi Chakma and 713 Ors Bajeisora Lawngtlai District VERSUS Smt. Debashree Mukherjee and 6 Ors Chairman and Managing Director National Projects Construction Corporation Ltd. Raja House, 30-31, Nehru Place New Delhi-110019 Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. Roshan Subedi for R4 Linked Case : I.A.(Civil)/74/2025 Smt. Gopa Devi Chakma and and 713 Ors W/o Doya Ranjan (L) R/o Jarulsury VERSUS Smt. Debashree Mukherjee and 5 Ors. The Cahirman and Managing Director NPCC Limited Raja House Page No.# 2/5 30-31 Nehru Place New Delhi-110019 Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. Roshan Subedi for R4 to R6 Linked Case : I.A.(Civil)/37/2022 Smt Gopa Devi Chakma and 713 Ors. Jarulsury VERSUS Smt Debashree Mukherjee and 5 Ors. New Delhi 2:Sh Akhilesh Mishra Chief Manager National Projects Construction Corporation Ltd. Haryana 3:Sh. Rakesh Mohan Kotwal Zonal Manager. National Projects Construction Corporation Ltd. Silchar Assam 4:Sh Gufran Uddin Siddiqui Deputy General Manager National Projects Construction Corporation Ltd. Lawngtlai 5:Sh Rajni Kant Agarwal Chairman and Managing Director National projects Construction Corporation Lt New Delhi 6:Sh Dr. YL Singh Zonal Manager National Projects Construction Corporation Ltd. Silchar Assam Page No.# 3/5 Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. Roshan Subedi for R4 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 29.05.2025 Heard Mr. C. Lalfakzuala, learned counsel for the petitioner along with Mr. Roshan Subedi, learned counsel appearing for respondent Nos. 4, 5 & 6. It is seen that service of notice upon the newly impleaded respondent No. 7 is not returned till date. The learned counsel for the petitioner submits that this Court’s in its Order dated 29.04.2025 had noted that the appeal filed by the NPCC before the Supreme Court and the High Court has been dismissed. The learned counsel submits that it was also observed by this Court that pursuant to the direction passed by this Court in WP(C) No. 71/2018 vide Judgment & Order dated 04.12.2019, the Deputy Commissioner, Lawngtlai District vide his Letter Dated 28.01.2020 (Annexure-3) had written to the NPCC authorities to deposit the assessed amount of Rs. 19,18,43,087/- payable to the petitioners for interest calculated under Section 34 & Section 28 of the Land Acquisition Act, 1894. The learned counsel further submits that this Court also observed that it was incumbent upon the NPCC authorities not to simply write a plain letter seeking further instructions in the matter, as was done by their Letter dated 13.03.2025 produced by the learned counsel today but instead, seek for the fund in terms of the assessment made by the Deputy Commissioner, Lawngtlai District with a further mention that further interest would also accrue since the assessment is Page No.# 4/5 of the year 2020. Therefore, the Communication dated 13.03.2025 produced by the learned counsel cannot be accepted as a step taken by the respondent authorities concerned towards compliance of the Court’s direction. He also submitted that this Court also held that it was compelled to contemplate directing the personal appearance of the respondents concerned to personally answer as to why the directions passed by this Court has not been complied with despite the dismissal of the Writ Appeal as well as the SLP. That if there is no positive indication with regard to the compliance of the Court's direction by the next date, the personal appearance of the respondents concerned may have to be directed. The learned counsel thus submitted that the personal appearance of the respondent Nos. 5 & 6 may be called for since it appears that they are not taking any sincere steps towards the payment of the awarded amount of Rs. 19,18,43,087/- (Rupees nineteen crore eighteen lakh forty three thousand and eighty seven). Mr. Roshan Subedi, learned counsel for the respondent Nos. 4 to 6 on the other hand submits that the respondents have preferred to file a review petition against the dismissal of the SLP and accordingly has produced the acknowledgment slip dated 25.05.2025 regarding the Review Petition before the Supreme Court. In view of the above, we may await for the disposal of the said Review Petition pending before the Supreme Court. Meanwhile, if in the event of the review petition being disposed of against Page No.# 5/5 the review petitioners, the respondents in terms of this Court’s Order dated 29.04.2025 is to file their affidavit reflecting the steps taken by them towards the compliance of the Judgment & Order of this Court in WP(C) No. 71/2018 dated 04.12.2019. Accordingly, list this matter after 3 (three) weeks. JUDGE Comparing Assistant