SPECIAL LAND ACQUISITION Vs. CHHALA SAHU

JUDGEMENT

(1.) THIS appeal under Section 54 of the Land Acquisition Act, 1894 (in short, 'the Act') has been filed by the Special Land Acquisition Collector, Dhenkanal challenging the award dated 8.5.1995 in Land Acquisition Misc. Case No. 126 of 1991 of the Court of Subordinate Judge, Talcher.

(2.) CLAIMANT (s) is/are Respondent No (s) 1. The General Manager, National Thermal Power Corporation Limited (in short 'NTPC') at Talcher having been permitted to intervene has been added as Respondent No. 2 -.

(3.) IT may be mentioned here that, the appellant was directed to file affidavit and to state if notice was served on NTPC when the reference was made under Section 18 of the Act. In that respect, affidavit has been filed by the appellant stating that notice was sent and was accepted by some employee in the establishment of NTPC. The particulars of such employee and his competency to receive notice has not been clearly stated. In the counter affidavit filed from the side of the NTPC the factum of service of notice has been denied. In addition to that it is the admitted position on record that no notice was issued on the NTPC from the Court of Subordinate Judge. On an analysis of the aforesaid facts and circumstances, it boils out to the situation that there is no proper proof of service of notice on NTPC by the appellant while making the reference under Section 18 or regarding pendency of such reference in the Court of Subordinate Judge.