PARADEEP PHOSPHATES LTD. Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE petitioner, Paradeep Phosphates Ltd. has assailed the order dated 18.06.2013 passed in Execution Case No.27 of 2010, arising out of I.A. No.161 of 1990 of the court of Civil Judge (Senior Division), Jagatsinghpur, rejecting an application filed by the petitioner under Order 1, Rule 10 of the Code of Civil Procedure, 1908, hereinafter referred to as the "Code" for brevity, for impleading the Paradeep Phosphates Ltd. as a party to the execution proceeding.

(2.) THE facts are not disputed. Lands of the opposite party no.2 to 45 were acquired by the Land Acquisition Officer under Land Acquisition Act, 1994 for the purpose of utilizing the same by the petitioner company. At the time of acquisition, a reference was made to the learned Civil Judge (Senior Division), Jagatsinghpur under Section 18 of the Land Acquisition Act for determination of compensation amount in respect of the acquired land, as the petitioners raised objection being dissatisfied by the compensation amount awarded. The learned Civil Judge (Senior Division), as per the judgment dated 18.05.2009 in L. A. Case No. 161 of 1990, passed the following order :

(3.) THE decree-holders filed objection on 18.06.2013 and a copy of the same was served on the petitioner's counsel. Learned Civil Judge (Senior Division) after hearing the parties, rejected the petition filed for intervention on 18.06.2013 without assigning any reason only on the ground that this Court has directed to conclude the execution proceeding by end of June, 2013. The petitioner further submits that a meeting took place for settlement of enhanced compensation to the land-losers in presence of the Collector, Member of Parliament, Jagatsinghpur, representative of land- losers and intervener-Paradeep Phosphates Ltd. and an agreement was arrived at between the parties and the same was signed in the form of proceeding. On 20.02.2010, the Special Land Acquisition Officer, MIP, Jagatsinghpur being directed by the authority, forwarded copy of the said proceeding on 11.02.2010 for payment of additional compensation to the land losers of Paradeep Phosphates Ltd. In that letter, various terms and conditions were agreed upon by the parties and it was signed by the Collector and District Magistrate, Jagatsinghpur.