Case Law Details
Tianugla Longkumar Vs General Manager N F Railway (Gauhati High Court)
1. Heard Dr. Ashok Saraf, learned counsel for the petitioner. Also heard Ms. B Sarma, learned counsel for the respondents no. 1 and 2 being the authorities under the North Easter Frontier Railways, Assam and Ms. M Kethi, learned counsel for the respondent no. 4 being the authorities under the Government of Nagaland.
2. The respondent no. 3 is the Assam Mineral Development Corporation represented by its Managing Director and Mr. Girin Pegu, learned Additional Senior Government Advocate seeks for some time to obtain the instruction whether the learned counsel can appear for the respondent no. 3.
3. List in the next week for necessary information that may be provided by Mr. Girin Pegu and for further orders.
4. The petitioner is dealing with the business of coal in the States of Nagaland and Meghalaya and for the purpose, the coal is being transported from the States of Nagaland and Meghalaya to other different States in the country and for the purpose, the service of the railways are used as a transporter.
5. The petitioner has necessary documents pertaining to the coal that are being transported allowing them to transport it from the respective States of Nagaland and Meghalaya to the other States through the Railways but the coal has to pass through the State of Assam. It is stated that the necessary transit passes and NOCs from the respective Government of Nagaland and Meghalaya have also been obtained by the petitioner. In the circumstance, the petitioner is aggrieved by the communication dated 10.02.2022 of the Managing Director, Assam Mineral Development Corporation Limited requiring the Chief Freight Transportation Manager of the NF Railways, Maligaon that the transit passes, supporting documents/ papers etc. submitted by the intending coal transporters be sent to the office of the Managing Director, Assam Mineral Development Corporation Limited for verification and for issuance of joint NOC by the Assam Mineral Development Corporation Limited and the Directorate of Geology & Mining, Assam and without following such procedure the coal for transport be not loaded in the rakes of the Railways.
6. If the coal are being transported from the States of Nagaland and Meghalaya to the other States and are being transported by the Railways through the State of Assam, the authorities in the State of Assam, may be the Assam Mineral Development Corporation, would have a jurisdiction to inspect the documents. But prima it cannot be a case where the Assam Mineral Development Corporation would require the Railways not to transport the coal without any joint NOC being issued by the Assam Mineral Development Corporation inasmuch as the Assam Mineral Development Corporation may not have the jurisdiction for issuance of such joint NOC.
7. In view of the prima facie case being made out, till the next returnable date, the communication dated 10.02.2022 of the Managing Director, Assam Mineral Development Corporation Limited be not given effect by the authorities of the NF Railway inasmuch the petitioner is concerned.
8. Further orders to be passed would be considered on the next returnable date upon the information being provided by Mr. Girin Pegu, learned Additional Senior Government Advocate.
9. List in the next week.
