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2005 Supreme(Ori) 729

M.M.DAS
Paradeep Phosphates Ltd. – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Appellant:M/s. G. Rath, S. Mishra, T. K. Praharaj and S. Rath
For Respondents:Addl. Government Advocate, M/s. S. R. Patnaik, L. Mishra, K. K. Jena and S. Nayak (for Respondents 2 to 114)

JUDGMENT

M. M. DAS, J. — This is an appeal under the Letters Patent against the order dated 20.5.2005 passed by the learned Single Judge of this Court in W. P. (C) No. 2884 of 2005 which was filed by the appellant.

2. Facts of the case reveal that the lands belonging to the respondents were acquired for establishment of the appel¬lant’s Industry at Paradeep in the year 1982. Reference with regard to the compensation payable being made under Sec. 18 of the Land Acquisition Act, an award was passed in favour of the respondents. Against the said award, First Appeal No. 147 of 1994 was filed by the appellant before this Court which was disposed of on 26.9.2001 directing payment of compensation at the rate of Rs. 16,000/- per acre along with other statutory benefits to the respondents. The said decree for payment of compensation was put to execution in Execution Case No. 1 of 2002 which is pending before the learned Civil Judge (Senior Division), Jagatsinghpur. The appellant after entering appearance in the execution proceeding filed an application claiming that as its application under the Sick Industrial Companies (Special Provision) Act, 1985 (for short ‘the SICA’) made to the BIFR h






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