Sail Through M.D. Bokaro Steel ... vs Ishwarmani Sahu & Ors
2021 Latest Caselaw 765 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Appellate Jurisdiction)
                       F.A. No. 212 of 2018
                             ........

SAIL through M.D. Bokaro Steel Plant. ..... Appellant Versus Ishwarmani Sahu & Ors. .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Amitabh Prasad, Advocate. For the State : Mr. Nawal Kishore Pandey, A.C. to S.C.(L&C)-I ........

05/17.02.2021.

Learned counsel for the appellant has submitted that so far defect no.2 i.e. Suit value / claim value / award value / appeal value is / are missing in the memo and defect no.3 i.e. the sole appellant is not a party in the c.c. of impugned judgment are concerned, I.A. No.5241/2018 has been filed to ignore the defects as the B.S.L. is necessary party before the learned Land Acquisition Judge, but the claimant has not impleaded the Bokaro Steel Limited as party respondent but liability of award dated 17.11.2017 will ultimately fall upon Sail Bokaro Steel Limited in terms of Section 28 of the Land Acquisition Act, 1894 and as such, the same will cause prejudice to the appellant, if the aggrieved party is not allowed to assail the impugned award.

Learned counsel, Mr. Nawal Kishore Pandey, A.C. to S.C. (L&C)-I appearing for the State has no objection.

As such, Interlocutory Application is allowed and defect nos.2 and 3 are ignored for the present.

Accordingly, I.A. No.5241/2018 is allowed.

(Kailash Prasad Deo, J.) Jay/-