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Manjari Tanty @ Laria v/s Special Land Acquisition Officer & Sub Collector, Ultra Mega Power Project, Sundargarh & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- MEGA CORPORATION LIMITED [Active] CIN = L65100DL1985PLC092375

Company & Directors' Information:- MEGA CORPORATION LIMITED [Active] CIN = L01120DL1985PLC092375

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- ULTRA MEGA POWER PRIVATE LIMITED [Active] CIN = U40102DL2008PTC179688

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- S K B PROJECT (INDIA) PRIVATE LIMITED [Active] CIN = U45202MP2008PTC020457

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- MEGA (INDIA) LTD [Amalgamated] CIN = U01132WB1982PLC035473

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- A J PROJECT PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110040

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M B S PROJECT PRIVATE LIMITED [Strike Off] CIN = U45209GJ2000PTC038147

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- K C PROJECT INDIA PRIVATE LIMITED [Active] CIN = U55101DL1997PTC088558

Company & Directors' Information:- A. H. PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2010PTC141970

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- MANJARI CORPORATION PRIVATE LIMITED [Active] CIN = U74999DL1989PTC036688

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- H E F PROJECT PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC069794

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- B J S PROJECT PRIVATE LIMITED [Active] CIN = U74900WB2015PTC206605

Company & Directors' Information:- MEGA POWER PVT LTD [Strike Off] CIN = U40100MH1987PTC042600

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- PROJECT Q AND S PRIVATE LIMITED [Active] CIN = U74999HR2020PTC086437

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- AMP PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164997

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- K D PROJECT PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC209307

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- R N POWER PROJECT PRIVATE LIMITED [Strike Off] CIN = U40102DL2006PTC154087

Company & Directors' Information:- E PROJECT PRIVATE LIMITED [Active] CIN = U72300HR2015PTC057142

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- ULTRA LTD [Strike Off] CIN = U36900WB1946PLC013676

    Civil Appeal No. 6111 of 2021 (Arising out of SLP(C)No. 22220 of 2019)

    Decided On, 27 September 2021

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE AJAY RASTOGI & THE HONOURABLE MR. JUSTICE ABHAY S OKA

   



Judgment Text

Leave granted.The present appellant is aggrieved by the judgment and order dated 28.06.2019 passed by the Orissa High Court at Cuttack setting aside the findings recorded by the Civil Judge (Senior Division), Sundargarh, Odisha vide order dated 16.02.2016 directing the present appellant to be entitled to 50% of share of the compensation as awarded by the Reference Court under Section 30 of the Land Acquisition Act, 1894 (“the Act”).The acquisition proceedings in reference to the subject land in question were initiated pursuant to the Notification dated 28.04.2010 published by State Government under Section 4 of the Act and the subject land of one Late Jadumani admeasuring Ac.7.690 decimals under Hal Khata No.35 of mouza in Village Lankahuda, District Sundargarh, Odisha, was acquired.Pursuant to the subject land was acquired, the claim application was preferred by the aggrieved person(s) before the Land Acquisition Officer (LAO) including the present appellant and respondent no.3. The appellant herein claimed 50% of the awarded amount of compensation as one of the legal representative/heir of the deceased land holder of Late Jadumani. The LAO accepted the claim of respondent no.3 on the basis of the Will, disowning the claim of the present appellant on the premise that Kuladhara father of the appellant was pre-deceased on 14.07.1973 before the death of Jadumani.On appeal being preferred at the instance of the present appellant before the Ld.Senior Civil Judge, Sundargarh, Odisha, the finding was reversed and it was observed that the Kuladhara, father of the appellant died on 14.07.1993 and the appellant was entitled for 50% share of the compensation awarded by the Reference Court, but on further appeal being preferred by the respondent no.3, the finding of the Land Acquisition Officer was restored holding the death of Kuladhara, father of the appellant was pre-deceased on 14.07.1973.This Court in its order dated 17.12.2019 observed as under :“The only question involved in this petition is regarding the death of Kuladhar. Learned counsel for the petitioner submits that he has died on 14.7.1993 whereas learned counsel for the respondent submits that Kuladhar has expired on 14.07.1973.However, the death certificate issued by the concerned authorities shows that Kuladhar’s death ws on 10.05.1983.Learned counsel for the petitioner is directed to produce certified copy of the birth and death register before this Court finally within three weeks from today.Status quo, existing as on today, shall be maintained with regard to the compensation.List after three weeks.”In sequel thereof, by order dated 31.01.2020, this Court directed the Principal District Judge, Sundargarh in the State of Odisha to conduct an enquiry regarding the date of death of Kuladhara Tanty s/o late Brundaban Tanty, resident of Village/P.O. Lankahuda, P.S. Sadar, District Sundargarh and submit a report to this Court.In compliance of order of this Court, Ld. District & Sessions Judge, Sundargarh conducted inquiry and submitted its report to this Court finally arriving at a conclusion after appreciation of the evidence being filed by the respective parties and also taken into consideration the oral evidence which was produced before him, observed that death of Kuladhara had taken place on 14.07.1993 in Village Raibaga.Mr.Ramakant Mohanty, learned senior counsel for respondent no.3 submits that during the pendency of the proceedings, 14.07.1973 was the date of death of Kuladhara was on record and at one stage an application was filed at the instance of the present appellant seeking amendment treating it to be a typographical error to show the date of death of Kuladhara to be 14.07.1993. The application for amendment was dismissed and revision petition preferred at the instance of the appellant was declared to be infructuous.Learned counsel further submits that once the application for amendment seeking change of date of death of Kuladhara has been rejected, it may not be in the interest of justice in taking the report of the Ld. District & Sessions Judge, Sundargarh who has not appreciated the evidence in the right perspective to record a finding regarding the date of death of Kuladhara.After we have heard learned counsel for the parties and taking into consideration the report of Ld. District & Sessions Judge, Sundargarh which has been furnished by him on 28.09.2020 pursuant to the order of this Court dated 31.01.2020 and arrived at conclusion that death of Kuladhara had taken place on 14.07.1993 in Village Raibaga. We accept the report.In our considered view, the or

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der of the High Court impugned dated 28.06.2019 in the light of what has been afore-stated, deserves to be set aside.Consequently, the appeal succeeds and is, accordingly allowed. The order of the High Court impugned dated 28.06.2019 is hereby, quashed and set aside. We confirm the order dated 16.02.2016 of Ld.Senior Civil Judge, Sundargarh, Odisha and the appellant is entitled to claim 50% of her share of compensation in terms of order dated 16.02.2016.Pending application(s), if any, shall stand disposed of.
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