Page No.# 1/4 GAHC010010612022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : LA.App./8/2022 PALLORBUND TEA LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3B, LALBAZAR STREET, KOLKATTA 700001 REPRESENTED BY ITS CONSTITUTED ATTORNEY CHAYAN DEY VERSUS THE COLLECTOR, CACHAR SILCHAR ASSAM Advocate for the Petitioner : MR. J KALITA, DIKSHITA DEKA Advocate for the Respondent : GA, ASSAM, Linked Case : LA.App./6/2022 OIL AND NATURAL GAS CORPORATION LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. 5A-5B NELSON MANDELA ROAD VASANT KUNJ NEW DELHI 110070 AND ONE OF ITS UNIT AT CACHAR PROJECT PO SRIKONA DIST CACHAR ASSAM AND IS REPRESENTED BY SRI SOMNATH CHOUDHURY MANAGER (HR) OF ONGC SRIKONA SILCHAR DIST CACHAR ASSAM Page No.# 2/4 VERSUS PALLORBUND TEA LTD. AND ANR. AN INCOPORATED COMPANY HAVING ITS REGISTERED OFFICE AT 3N LAL BAZAR STREET KOLKATA 700001 2:THE STATE OF ASSAM REPRESENTED BY THE COLLECTOR CACHAR DISTRICT PO SILCHAR CACHAR ------------ Advocate for : MR G N SAHEWALLA Advocate for : GA ASSAM appearing for PALLORBUND TEA LTD. AND ANR. Linked Case : LA.App./9/2022 DULAGRAM TEA LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3B LALBAZAR STREET KOLKATA-700001 REPRESENTED BY ITS CONSTITUTED ATTORNEY CHAYAN DEY. VERSUS THE COLLECTOR CACHAR SILCHAR ASSAM ------------ Advocate for : MR. J KALITA Advocate for : GA ASSAM appearing for THE COLLECTOR CACHAR Linked Case : LA.App./11/2023 OIL AND NATURAL GAS CORPORATION LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES Page No.# 3/4 ACT 1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. 5A-5B NELSON MANDELA ROAD VASANT KUNJ NEW DELHI- 110070 AND ONE OF ITS UNIT AT CACHAR PROJECT P.O. SRIKONA DISTRICT CACHAR ASSAM AND IS REPRESENTED BY SOMNATH CHOUDHURY MANAGER (HR) OF ONGC SRIKONA SILCHAR DISTRICT- CACHAR ASSAM. VERSUS PALLORBUND TEA LTD. AND ANR. AN INCORPORATED COMPANY HAVING ITS REGISTERDE OFFICE AT 3B LAL BAZAR STREET KOLKATA- 700001. 2:THE STATE OF ASSAM REP. BY THE COLLECTOR CACHAR DISTRICT P.O.- SILCHAR DISTRICT CACHAR. ------------ Advocate for : MR G N SAHEWALLA Advocate for : GA ASSAM appearing for PALLORBUND TEA LTD. AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.10.2025 Heard Mr. J. Kalita, the learned counsel appearing for the appellants in LA App./8/2022 and LA App.9/2022 as well as the learned Senior Counsel Mr. G.N. Sahewalla assisted by Ms. Baishya appearing for the ONGC Ltd. Also heard Ms. Page No.# 4/4 S. Senaptati, the learned counsel appearing for the respondent No. 2 in LA App./8/2022 and LA App.6/2022 as well as Mr. T.R. Gogoi, the learned Government Advocate appearing for the state of Assam. 2. Here in this case, in the land acquisition proceeding before the Reference Court the ONGC Ltd. was not made a party. 3. Mr.Sahewalla has relied upon the judgment of the Hon’ble Supreme Court that was delivered in the case of Delhi Development Authority v. Bhola Nath Sharma (Dead) by LR's and others reported in (2011) 2 SCC 54. 4. According to the Hon’ble Supreme Court from which authority compensation was to be paid has to be made a party in the Reference Proceeding. 5. Since in the Reference Proceeding the ONGC Ltd. was not made a party, the impugned judgments are nothing but a nullity. 6. Accordingly, the impugned judgments are set aside. The matter is remanded to the Trial Court to give notice to the ONGC Ltd. After hearing the ONGL Ltd., the Reference Court shall pass a fresh judgment. If necessary, ONGC Ltd may be allowed to lead evidence also. 7. The Reference Court shall make an endeavor to dispose of the case within next 6(six) months of receiving this order. 8. With the aforesaid direction, these appeals stand disposed of. JUDGE Comparing Assistant