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Judgment
I.A. No.12047 of 2023
This matter is taken up through hybrid arrangement (virtual/physical) mode.
The aforementioned I.A. has been filed by the Petitioner for impletion of Principal Secretary, Ministry of Industry, At-Lok Seba Bhaban, Sachibalay Marg, Bhubaneswar, Dist-Khordha as Opposite Party No.3 and Chairman-cum-Managing Director, IDCO, At-IDCO Tower, Janapath, Bhubaneswar-12, Dist-Khordha as Opposite Party No.4, as per the schedule of the amendment.
Counter affidavit has been filed by the Opposite Party-MCL opposing such application.
Bereft of unnecessary details background of the lis is essential to be reiterated for consideration of this I.A.
4-A.This is the second journey of the Petitioner to this Court. The Petitioner had earlier approached this Court by filing W.P.(C) No.24730 of 2013 assailing the eviction order dated 25.11.2010 passed by the Estate Officer-cum-Project Officer, Samaleswari Open Cast Mines, Mahanadi Coal Fields Ltd. whereby, direction was given for eviction of the Petitioner from the land which was in his possession on the basis of lease executed by Opposite Party No.4 therein (the Chairman-cum-Managing Director, the Odisha Industrial Infrastructure Development Corporation (IDCO)on which the Petitioner company had established a Coal Washery unit since 2005.
4-B.The said Writ Petition was disposed of on 06.05.2014 taking into account that the company has already submitted proposal for allotment of alternative land by following direction;
“xxx xxx xxx
As the petitioner Company has already submitted its proposal for allotment of alternate land, which is pending consideration with the IDCO, this Court feels it is only just and proper, in the interest of justice, that the IDCO and the State Government should take immediate steps to consider and approve the proposal submitted by the petitioner Company for allotment of alternate land for shifting the Coal Washery unit from the present location.
Accordingly, the State Government and the IDCO are directed to take immediate steps to allot alternate land as applied for by the petitioner Company, for shifting its industry from the land in question, which has been acquired by the Central Government for the MCL.
Till the allotment of alternate land is made for shifting of the Coal Washery unit of the petitioner Company, they shall not be evicted from the land in question.
xxx xxx xxx”
4-C. It is the grievance of the Petitioner that notwithstanding such order passed by this Court dated 06.05.2014, the impugned order at Annexure-7 dated 20.03.2017 has been passed.
4-D. The Petitioner, inter alia, is seeking a direction to the Opposite Party-MCL to “strictly follow the order dated 06.05.2014 passed in W.P.(C) No.24730 of 2013”.
Learned counsel for the Petitioner, Mr. P. Mohapatra submits that for just and effective adjudication, it is necessary to implead Principal Secretary, Ministry of Industry and Chairman-cum-Managing Director, IDCO, as noted above, as Opposite Party Nos.3 and 4 respectively.
Learned Senior Advocate, Mr. Jagannath Patnaik instructed by Mr. T.K. Pattanayak, learned counsel for the Opposite Party-MCL oppose such prayer and submit that this I.A. is only a dilatory tactics to prolong the proceeding before this Court. Apart from the same, the Opposite Party has not been able to substantiate the manner in which MCL would be prejudiced if the prayer in this I.A. is allowed.
7.On a conspectus of the materials on record and taking into account the submission in support of respective contentions, since the claim of the Petitioner in the present Writ Petition is based on earlier order passed in W.P.(C) No.24730 of 2013 wherein direction to IDCO has been passed, as noted, this Court is persuaded to hold that for just and effective adjudication the Petitioner should be permitted to implead Principal Secretary, Ministry of Industry, At-Lok Seba Bhaban, Sachibalay Marg, Bhubaneswar, Dist-Khordha and Chairman-cum-Managing Director, IDCO, At-IDCO Tower, Janapath, Bhubaneswar-12, Dist-Khordha as Opposite Party Nos.3 and 4 respectively.
Accordingly, the I.A. is allowed.
Consolidated cause title incorporating the Opposite Party Nos.3 and 4 be filed within a week.
Extra copy of the brief be served on learned counsel for the State in lieu of notice to Opposite Party No.3.
Issue notice to the newly impleaded Opposite Party No. 4 by Speed Post. Requisites be filed within a week.
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