GUWAHATI, India, Dec. 14 -- Gauhati High Court issued the following order on Nov. 13:
1. Invoking extra-ordinary and discretionary jurisdiction under Article 226 of the Constitution of India, the petitioners have instituted the present writ petition seeking inter-alia a direction to declare that the demolition exercise carried in the business premises of the petitioner no. 1 firm was illegal and unauthorized. The petitioners have also sought for a direction to the respondent authorities to pay adequate compensation to the petitioners to the extent of Rupees Two Crores for the alleged arbitrary and unauthorized action of the respondent authorities towards demolition of the petitioner no. 1 firm's business premises. A direction has also been sought for to register a case against the respondents, named as accused, in a First Information Report [FIR] lodged by the petitioner no. 2 before the respondent no. 7.
2. The petitioners have stated that the petitioner no. 1 is a proprietorship concern ['the petitioner firm'] and it had installed a coke manufacturing unit in a plot of land and the petitioner no. 2 is the sole proprietor of the petitioner firm. The petitioners have claimed that in the coke manufacturing unit, it used to produce coke and other allied products. To support the fact about setting up of the coke manufacturing unit, the petitioners have stated that a No Objection Certificate [NOC] to install it was obtained from the jurisdictional Gaon Panchayat viz. Ledo Colliery Gaon Panchayat on 05.09.2007. A Certificate of Registration was also obtained from the Office of the Assistant Labour Commissioner, Tinsukia on 20.05.2009. An Acknowledgement Certificate dated 04.06.2010 was also issued in the name of the petitioner firm by the District Industries & Commerce Centre, Tinsukia. The petitioner firm also obtained a Certificate of Registration on 17.08.2011 under the provisions of the Assam Value Added Tax Act, 2003.
3. The petitioners have claimed that the coke manufacturing unit had been installed in a plot of land measuring 2 Bighas 1 Katha 4 Lessas, covered by Dag no. 160 & Periodic Patta no. 2 [new], situate at Village - Ledo Tikok, No. 2 NLR, Mouza - Makum, Sub-Division - Margherita, District - Tinsukia [hereinafter referred to as 'the subject-plot', for short]. It is claimed that the petitioner no. 2 is the owner of the subject-plot. To support such contention, a copy of a Jamabandi [Record-of-Rights] has been annexed to the writ petition as Annexure-5 and an entry recorded on 21.06.2004 in the said Jamabandi has been relied upon. The petitioners have asserted that land revenue in respect of the subject-plot was paid upto the year : 2013-2014. The petitioners have further stated that the coke manufacturing unit was registered under the Finance Act, 1984 read with the Service Tax Rules, 1994 and a Certificate to that effect was issued by the Superintendant, Service Tax Cell, Digboi on 03.09.2012. The Pollution Control Board, Assam had granted Consent to Operate a coke manufacturing unit for the period from 01.04.2012 to 31.03.2013 as per terms and conditions mentioned therein. The petitioner no. 1 firm was also registered as a recognized bidder with M/s M.S.T.C. Limited, Kolkata vide a License granted upto 02.04.2013.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU3nl6rLeEXJ9%2BXpEh%2Btvz4OwuYVUgPt6ym0as1Wyff%2BD&caseno=WP(C)/4705/2013&cCode=1&cino=GAHC010119782013&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
