HALDIA DEVELOPMENT AUTHORITY Vs. PRASANTA KUMAR MAITY

JUDGEMENT

(1.) THIS appeal has been preferred being dissatisfied with an award dated 20th March, 2007 passed by the learned Additional District judge, Third Court, Midnapore in L. A. Misc. Case No. 32 of 2000 by which the award passed by the Collector was enhanced by five times.

(2.) THE Stamp Reporter has given report that this appeal has been preferred 243 days beyond the period of limitation fixed by law.

(3.) MR. Roychowdhury, the learned senior advocate appearing on behalf of the appellant, however, has by relying upon a decision of a Division Bench of this Court in case of Dipankar Roy v. Pranab Kumar Mani reported in 2007 (4) CHN at page 379 contended before us that his client being not a party to the proceedings before the Land acquisition Tribunal out of which this appeal arises, the period of limitation for filing this appeal will start running after the leave is granted by this Court to his client to prefer this appeal and not from the date of award and consequently, the appeal is not barred by limitation.