MIS NATIONAL ALUMINIUM CO. LTD. v. RAJ KISHORE @ SAHU JENA AND ANR.

A

JANUARY 9, 1996

B

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 F 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. G The appeal is accordingly allowed. No costs.

G.N. Appeal allowed.