Angul Sukinda Railway vs Lenkudi Sahu And Others
2024 Latest Caselaw 3929 Ori

Orissa High Court

Angul Sukinda Railway vs Lenkudi Sahu And Others on 1 March, 2024

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                             LAA No.61 of 2022

Angul Sukinda Railway                  .....                           Appellant
Limited, Bhubaneswar
                                                          Mr. P. Das, Advocate
                                       Vs.
Lenkudi Sahu and others                .....                         Respondents
                                                    Mr. S. Pradhan, Advocate
                                             (for Respondent Nos. 1 to 3 & 6)

                                                        Mr. B. Panigrahi, ASC
                                                      (for Respondent No.13)

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                           ORDER

01.03.2024 Order No. The matter is taken up through hybrid mode.

11.

2. Heard learned Counsel for the Parties.

3. Mr. Pradhan, learned Counsel for the private Respondents, relying on the judgment of this Court reported in AIR 1991 Orissa 252 (The Sakhigopal Regulated Market Committee vs. Brundaban Chandra Hota and others) submits, the present Appellant Company has no right to challenge the impugned judgment passed by the Court below, as held by this Court. The Appellant Company cannot claim to be added as a party to a land acquisition proceeding either before the Collector or before the Court. Order 1, Rule 10 of the Code of Civil Procedure will not assist such a Company in view of the provisions enshrined under Section 50(2) of the Land Acquisition Act, 1894. The judgment filed by the learned Counsel for the private Respondents be kept on record.

4. Mr. Das, learned Counsel for the Appellant is directed to take instruction in terms of the order dated 03.04.2023 so also with regard to the averments made in the Additional Affidavit and the documents appended thereto, to substantiate such pleadings made in the Additional Affidavit before the next date.

5. Matter be listed in the week commencing from 18.03.2024 along with the connected matters, which are on board.

                                                                  (S.K. MISHRA)
               pcd                                                    JUDGE

Designation: Personal Assistant

Location: ORISSA HIGH COURT, CUTTACK Date: 03-Mar-2024 13:38:55