RADHARANI PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Bose, learned advocate appears on behalf of petitioners. He submits, his clients are legal heirs of petitioner/claimant before the Court below in Arbitration Misc. Case no.57 of 2009. Said petitioner died on 11/7/2021. Prior thereto he had instructed his learned advocate to prosecute the arbitration case for enhancement of the compensation for acquiring his land.

(2.) The arbitration case was duly prosecuted by learned advocate engaged. There was award by judgment dtd. 26/3/2022 enhancing the compensation and direction for payment of interest. On getting intimation thereof, petitioners applied for substitution, to be able to obtain the enhanced compensation. The substitution application made along with applications for condonation of delay and setting aside abatement, were rejected by impugned order dtd. 18/7/2022. He submits further, no appeal has been preferred against said award, to knowledge of his clients.

(3.) Mr. Kar, learned advocate, Senior Panel Counsel appears on behalf of Union of India. On query from Court he submits, petitioners are the legal heirs and entitled to the enhanced compensation. His client has already deposited for disbursement. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, his client is the disbursing authority.