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2004 DIGILAW 1207 (SC)

State of Assam v. Union of India

2004-09-13

G.P.MATHUR, TARUN CHATTERJEE

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JUDGMENT : Mr. G.P. Mathur, J. The controversy arising for decision in both the suits centers around identification of the boundaries between the States of Nagaland, Assam and Arunachal Pradesh. Both the suits have been taken today for consolidated hearing and we have heard all the learned counsel for the parties. 2. In our opinion it is necessary to have a Commission appointed in exercise of the powers conferred on this Court by Order 46 of the Supreme Court Rules, 1966 read with Order 26 Rule 9 of the Code of Civil Procedure. So far as the appointment of local commissioner is concerned, all the parties are agreeable and the learned Attorney General for India too is agreeable to the suggestion. 3. The learned Attorney General for India shall seek instructions from the Government of India in the matter of the Chairperson and Members of the Commission and put forth the suggestions for the consideration of the Court on the next date of hearing. 4. The costs and expenses of the Commission shall be borne by the Central Government to begin with. At the end and after the submission of the Report by the Commission, the Court may pass orders regarding sharing of the same by the States. 5. The states shall cooperate with the Commission and render all possible assistance so that the Commission can function and smoothly discharge the duties, assigned to it by this Court. In that regard we direct undertakings on behalf of all the three States by their respective Chief Secretaries to be filed. 6. List for hearing and laying down terms of reference to the Commission on Friday, 17 September, 2004.