(1.) HEARD Mr. Bijoy Pal, learned Senior Counsel along with Mr. Avijit Pal, learned Counsel for the appellant, and Mr. Sisir Das, learned Additional Government Advocate for the respondents.
(2.) THIS Leave Petition has been filed under Articles 132, 133 and 134 -A of the Constitution of India with a prayer to grant certificate under Article 134 -A of the Constitution of India for appeal to the Supreme Court against the judgment passed by this Court in First Appeal No. 69 of 2001 in an application under Section 54 of the Land Acquisition Act reducing market value of the acquired land fixed by the reference Court. This judgment was passed on 1st August, 2002. Now the Railways has filed this petition on the ground that as the land was acquired on its requisition for the benefit of the Railways, the Railways should have been made a party because it is the person interested and also person aggrieved. This petition has been filed about one year and 43 days after passing of the judgment along with an application for condonation of delay.
(3.) IN view of this, this Court is not inclined to grant the certificate. Accordingly, the Leave Petition is dismissed.