- (1.) The judgment dated 20th August, 2014 passed by the Appellate Authority, Metro Railway, Kolkata in claim Misc. Appeal No. 1 of 2014 is under challenge in this application.
(2.) The respondents/petitioners filed a claim application being Case No. 1 of 1993 before the learned competent Authority for determination of damage compensation under Section 22 and 25 of Metro Railway (construction works) Act, 1978 which was dismissed by the Competent Authority vide Order No. 30 dated 12.10.1995. Respondents filed Civil Revisional Application being C.O. No. 3202 of 1995 which was dismissed on 30.4.2001 in view of availability of alternative remedy and also preferred a Civil Revisional Application being C.O. No. 1669 of 2002 against the said claim Appeal No. 1 of 2001 before the Hon'ble Court and while remanding the case to Appellate Authority directed to decide the case on the basis of the documents by order dated 20.3.2007.
(3.) The respondents/claimants preferred a claim Appeal No. 1 of 2001 before the Appellate authority as per the direction of Hon'ble High Court, Calcutta in Revisional application being C.O. No. 1669 of 2002. Metro Railway challenged the maintainability of the said Appeal No. 1 of 2001, which was dismissed vide Order No. 8 on 22.01.2008 affirming the order of Competent authority by the Appellate Authority. Mr. Bijoy Brata De learned counsel for petitioner further submitted that the opposite parties/claimants had sold out the subject property to third party on 24.9.2004 during the pendency of the case without prior permission and/or intimation and/or leave of the Court.;