Tirtha Gahir v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.299 of 2022 Tirtha Gahir ....

Appellant Mr. Satyaban Sahoo, Advocate -versus- ....

Union of India represented through its General Manager, East Coast Railway, Bhubaneswar and Another Respondents Ms. S. Patra, C.G.C.

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

10.10.2022 Order No.

I.A. No.437 of 2022 01.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. S. Sahoo, learned counsel for the Appellant and Ms. S. Patra, learned Central Government Counsel for Respondent - Union of India.

3.

Upon hearing both parties and considering the grounds mentioned in the application the delay in filing the appeal is condoned.

4.

The I.A. is disposed of.

FAO No.299 of 2022 02.

5.

It is submitted on behalf of the appellant that challenge in the present appeal is against the direction of keeping 90% of the

compensation amount in fixed deposit and is covered by a similar judgment of this court.

6.

It is admitted by both parties that the challenge in the present appeal is squarely covered by the decision of this Court rendered in FAO No.262 of 2020 and batch, disposed of on 9th September, 2021. 7.

Accordingly, the present appeal is disposed of in terms of the principles decided in said decision of this Court with a direction to disburse entire compensation amount in favour of the claimant by keeping 50% of the same in his name in fixed deposit in any Nationalized bank for a period of five years. 8.

With the aforesaid observation and direction the FAO is disposed of.

9.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda