Supreme Court of India · [1996] 1 S.C.R. 306

MIS National Aluminium Co. Ltd. v. RAJ Kishore @ SAHU JENA And Anr.

Decided
9 January 1996
Neutral citation
1996 INSC 41
Bench
K. RAMASWAMY, G.B. PATTANAIK
Outcome
Appeal(s) allowed

MIS NATIONAL ALUMINIUM CO. LTD. v. RAJ KISHORE @ SAHU JENA AND ANR. JANUARY 9, 1996

[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

Larul Acquisition Act, I 894 :

c

Compensation and other benefits-Held, convered by earlier decisior>Party being benefiicary entitled to be impleaded in the pending proceedings b~fore the Sub-Judge. UP. Avas Evam Vikas Parisad v. Gyan Devi (Dead) by Lrs. & Ors., JT (1994) 7 SC 304, held applicable. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2239 of 1996.

From the Judgment and Order dated 11.3.93 of the Orissa High Court in C.R. No. 72 of 1992. Ashok Kr. Gupta for the Appellant.

Ms. Kirti Misra for the Respondents The f?llowing Order of the Court was delivered :

..

Leave granted.

Though notice was served on the respondents, no one has appeared for the first respondent-claimant. The controversy is no longer res-integra. They are covered by the judgment of this Court in UP. Avas Evam Vikas Parishad v. Gyan Devi (Dead) by Lrs. & Ors., JT (1994) 7 SC 304. In that view, the appellant being beneficiary is entitled to be impleaded as a party in the pending proceedings in the court of Subordinate Judge, Angul.

The appeal is accordingly allowed. No costs. Appeal allowed.

G.N.

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