Director,Interim Test Range v. Kamala Kanta Sethi
Case brief
What is this about?
Dismissal of land acquisition appeal for non-deposit of deficit Court fee; no application under Section 149 C.P.C.; stamp reporting not done; delay of 126 days in preferring Appeal; objection by Respondent No. 1 citing AIR 1994 Orissa 90 (Sambaru Bariha); impugned judgment dated 31.01.2019 in L.A Case No.409 of 2012 enhancing compensation with reference to L.A. Misc. Case No. 415 of 2012 and 1989 (I) OLR 408 (Ratha Sahu); Court fee; Central Government Counsel J. Nayak for appellant; N. Panda for Respondent No. 1; Justice Sanjay Kumar Mishra; Order dated 19.01.2024; High Court of Orissa at Cuttack.
What did the court decide?
In view of non-deposit of deficit Court fee since 2019 and non-taking of steps as required under Section 149 of the C.P.C., the Appeal stands dismissed; the merits of the impugned judgment (enhanced compensation) were not adjudicated.