GUWAHATI, India, June 25 -- Gauhati High Court issued the following order on May 25:

1. Heard Mr. G. N. Sahewalla, learned senior counsel, appearing on behalf of the appellant in WA No. 334/2022, and Mr. B. Sharma, learned counsel, appearing on behalf of the appellants in WA No. 333/2022.

Also heard Mr. M. K. Choudhury, learned senior counsel, assisted by Mr. M. Sarma, learned counsel, appearing on behalf of respondents Indian Oil Corporation Limited (IOCL); Mr. Rajiv Borpujari, learned standing counsel, Revenue Department; and Ms. S. Sarma, learned Government Advocate, Assam; appearing on behalf of their respective respondents.

2. The present intra-Court appeals have been instituted by the appellants, herein, assailing the common judgment & order, dated 13.09.2022, passed by the learned Single Judge in WP(c)6979/2015 and WP(c)5956/2016.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The appellant in writ appeal being WA No. 334/2022, by claiming to be the owner of a plot of land measuring 1-11 Bighas(approximately) covered by Dag Nos. 406, 407, 408 & 413(old) and Dag No. 3079, 757, as well as 783(new) of K.P. Patta No. 263(old) & 714 and 1321(new), situated at village Betkuchi, Mouza-Beltola, Kamrup(Metro) District, which was purchased and developed by her, had approached the writ Court by way of instituting a writ petition being WP(c)6979/2015, inter alia, assailing a process of acquisition of her land initiated by the respondent authorities under the provisions of the Land Acquisition Act, 1894, for the purpose of construction of a petroleum storage terminal of the Indian Oil Corporation Limited (IOCL) and praying that such acquisition which also included the land owned by her, should be so carried-out by applying the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner, therein, had further prayed in the writ petition, that the compensation has to be so determined by applying the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The writ appellants in writ appeal being WA No. 333/2022, had approached the writ Court by way of instituting a writ petition being WP(c)5956/2016, by raising a grievance that they are having land contagious to the lands owned by the petitioner in WP(c)6979/2015 and have ingress and egress to their respective plot of land through the plot of land of the petitioner in WP(c)6979/2015 and accordingly, they claim to have been adversely affected by the acquisition proceeding, in question.

The learned Single Judge upon considering the contentions raised before him by the petitioners, therein, in the above-noted 2(two) writ petitions as well as the respondents and after perusal of the materials brought on record before him, was pleased to dismiss both the writ petitions vide judgment & order, dated 13.09.2022.

Being aggrieved by the said judgment & order, dated 13.09.2022, the appellants, herein, have instituted the present writ appeals.

4. This Court while considering the present appeals, was pleased vide order, dated 10.08.2022, to refer the parties to the proceedings, to mediation. Accordingly, Hon'ble Mr. Justice B. P. Katakey(retired Hon'ble Judge of this Court) was identified as the mediator in the matter. The parties, accordingly, subjected themselves to the process of mediation. However, the mediation effort undertaken by the mediator in the matter, resulted in a failure and a report, in this connection, was submitted by the mediator on 06.11.2023, and therein, it was highlighted that the attempt by the mediator for resolving the dispute amicably between the parties was not successful. Accordingly, the above-noted writ appeals were taken-up for consideration on merits.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfNmBnNrNmO0OkT0sl0oE13R%2Fef1NjiROvy6VsGWs5R%2B%2B&caseno=WA/333/2022&cCode=1&cino=GAHC010207422022&state_code=6&appFlag=)

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