Sail Through M.D.Bokaro Steel Plant vs Mathur Teli & Ors
2024 Latest Caselaw 467 Jhar

Jharkhand High Court

Sail Through M.D.Bokaro Steel Plant vs Mathur Teli & Ors on 16 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
               F.A.No. 209 of 2018
SAIL through M.D.Bokaro Steel Plant, Bokaro
Steel City, Bokaro                 ....      ... Appellant
                      Versus
Mathur Teli & Ors.                 ....       ... Respondents
                     --------

CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Ankit Vishal, Advocate For the Res. No. 4, 11, & 14 : Mr. Rajiv Anand, Advocate : Mr. Ramchander Sahu, Advocate

--------

Order No. 14/ dated 16.01.2024 I.A.No. 5227 of 2018

Learned Counsel Mr. Ankit Vishal on behalf of the appellant

and on behalf of respondent No. 4, 11 and 14, learned Counsel

are present.

2. The instant Interlocutory Application is with the prayer to

grant leave to challenge the award passed in L.A. (Ref.) Case No.

48 of 1986 by way of appeal under Section 54 of the Land

Acquisition Act on the ground that though the BSL is a necessary

party before the Land Acquisition Judge, but the claimant has

not impleaded SAIL/Bokaro Steel Limited as party respondent

and the Appellant-Company will suffer irreparable loss if not

granted leave to challenge this appeal.

3. Since the land was acquired for the Company itself and the

amount of compensation and interest which was awarded by the

learned court-below was excessive which was enhanced by

passing the impugned order.

4. The learned Counsel for the respondent opposed the

contentions made by the learned Counsel for the appellant.

5. Admittedly, the land in question was acquired for the

Company SAIL/BSL the compensation for the acquired land was

also to be paid by the Company itself.

6. In view of the above the leave is granted to challenge the

impugned Judgment by way of this appeal.

7. Accordingly, I.A.No. 5227 of 2018 stands disposed of.

List on 20.02.2024.

(Subhash Chand, J.) P.K.S.