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2016 Supreme(Ori) 191

K.R.MOHAPATRA
Pitambar Sahoo – Appellant
Versus
Angul-Sukinda Railway Limited – Respondent


Advocates Appeared:
For the Petitioner: Ms. N. Panda-I, M.K. Panda & S. Mazumdar, Miss S. Mishra, Addl. Standing Counsel
For the Respondent: Ms. S.K. Dash, A. Dhalsamantra, B. P. Dhal, S. Das & A.K. Otta

JUDGMENT :

K.R. Mohapatra, J.

This is an application filed by the claimant-respondent No.1 (for short ‘the petitioner’) assailing the maintainability of the appeal at the instance of the appellant, namely, Angul-Sukinda Railway Limited, Bhubaneswar (for short ‘the Opposite Party’).

2. It is contended in the misc. case that basing upon a requisition made by East Coast Railways through its Chief Engineer (HQ/CQ), Bhubaneswar, the State Government issued notification under Section 4 (1) of Land Acquisition Act, 1894 (for short ‘the Act’) for acquisition of the land for Angul-Duburi-Sukinda Road New B.G. Rail Link Project at the instance of the Union of India/Ministry of Railways. The opposite party is neither the Requisitioning Authority nor has undertaken any liability as per the notification/declaration under the Act for payment of compensation to the claimant and as such, it is neither a beneficiary nor a person interested to sue or to be sued for the purpose of determination of compensation under the provisions of the Act. The opposite party has no locus standi to file the appeal and leave granted to the opposite party by this Court by order dated 16.11.2015 to present and prosecute




















































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