Special Land Acquisition Officer vs Murari Charan Mishra
2023 Latest Caselaw 7151 Ori

Citation : 2023 Latest Caselaw 7151 Ori
Judgement Date : 3 July, 2023

Orissa High Court

Special Land Acquisition Officer vs Murari Charan Mishra on 3 July, 2023

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                LAA No.11 of 2022

Special Land Acquisition Officer,     .....                                    Appellant
Talcher-Bimalagarh, New B.G.
Rail Link Project
                                                                     Mr.G.N.Rout, ASC

                                      Vs.
Murari Charan Mishra                  .....                                  Respondent
                                                                Mr.S.Pradhan, advocate

                      CORAM: JUSTICE SANJAY KUMAR MISHRA

                                             ORDER

03.07.2023 Order No. This matter is taken up through hybrid mode.

17.

2. Heard learned Counsel for the State-Appellant.

3. Mr.Rout, learned Additional Standing Counsel for the State- Appellant submits, one of the grounds to assail the legality of the impugned order is not arraying the Railway Authority as a party before the referral Court, on whose behalf the State acquired the land. It being a person interested, should have been noticed by the court below. To substantiate his submission, Mr. Rout relies on judgment of the apex Court reported in Himalayan Tiles And Marbles (P) Ltd. v. Francis Victor Coutinho (Dead) reported in (1980) 3 SCC 223, in Neyvely Lignite Corporation Ltd. v. Special Tahsildar (Land Acquisition) Neyvely And Others reported in (1995) 1 SCC 221 and in U.P. Awas Evam Vikas Parishad v. Gyan Devi (dead) by Lrs. And Others reported in (1995) 2 SCC 326.

4. Learned Counsel for the Respondent files Notes of Submission and undertakes to serve copy of the same on Mr.G.N.Rout, learned Counsel for the Appellant in course of the day.

5. Matter be listed in the week commencing from 17th July, 2023 for further hearing.

6. Interim Order passed earlier shall continue till the next date of hearing.

(S.K.MISHRA) JUDGE

Banita

Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Jul-2023 19:25:02