Tilatama Jani And Others vs Union Of India
2023 Latest Caselaw 14032 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No.491 of 2023

            Tilatama Jani and Others                  ....         Appellants
                                             Mr. Satyaban Sahoo, Advocate
                                       -versus-
            Union of India, represented through its
            General Manager, East Coast Railway,
            Bhubaneswar and Another                 ....         Respondents
                                            Mr. K.C. Kar, Sr. Panel Counsel

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

9.11.2023 Order No.

I.A. No.894 of 2023

01. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. S. Sahoo, learned counsel for the claimant - Appellants and Mr. K.C. Kar, learned Sr. Panel Counsel for Respondent - Union of India.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

FAO No.491 of 2023

02. 5. It is submitted on behalf of the Appellants that challenge in the present appeal against the direction of keeping 90% of the

compensation amount in fixed deposit is covered by a similar judgment of this court.

6. It is admitted by both parties that the challenge in the present appeal is squarely covered by the decision of this Court rendered in FAO No.262 of 2020 and batch, disposed of on 9 th September, 2021.

7. Accordingly, present appeal is disposed of in terms of the principles decided in said decision of this Court with a direction to disburse entire compensation amount in favour of the claimants by keeping 50% of the share fall due to Appellants 1 & 2 in fixed deposits in their names in any Nationalized bank for a period of five years and the total amounts fall due to the share of minor Appellant No.3 (Radma Jani) shall be kept in fixed deposit in any Nationalized Bank till she attains majority or for a period of five years, whichever is later.

8. With aforesaid observation and direction, the FAO is disposed of.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

M.K. Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication

Location: OHC, Cuttack Date: 10-Nov-2023 18:00:41