Supreme Court of India
MIS NATIONAL ALUMINIUM CO. LTD. versus RAJ KISHORE @ SAHU JENA AND ANR. on 9 January 1996
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A
MIS NATIONAL ALUMINIUM CO. LTD. v. RAJ KISHORE @ SAHU JENA AND ANR.
JANUARY 9, 1996
B [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
Larul Acquisition Act, I 894 :
Compensation and other benefits-Held, convered by earlier decisior>-Party being benefiicary entitled to be impleaded in the pending proceedings c 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.
D
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.
E
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.
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G
The appeal is accordingly allowed. No costs.
Appeal allowed.
G.N.