ASHIS KUMAR CHAKRABORTY,J. - (1.) This revisional application, at the instance of Union of India (Ministry of Railways) represented by the General Manager, Metro Railway, Calcutta is directed against the order dated April 12, 2013 passed by the competent authority under the Metro Railway Authority (Construction of Works) Act, 1978 (hereinafter referred to as "the Act of 1978") in claim case No. 1 of 1997. By the impugned order, the competent authority allowed the application of the opposite party no. 1 for substituting itself in place and stead of the opposite party nos. 2 and 3, the original claimant in the claim case under Section 25 of the Act of 1978.
(2.) The opposite party nos. 2 and 3 filed the aforementioned claim case, before the competent authority, under Section 25 of the Act of 1978 claiming damages against the General Manager, Metro Railways (hereinafter referred to as "the Metro Railway Authority") alleging that while proceeding with the work in the city of Kolkata, the Metro Railway Authority caused damage to their multi-storied building at Premises No. 170B Chittaranjan Avenue, Kolkata (hereinafter referred to as "the said building"). The said claim case is being contested by the Metro Railway Authority.
(3.) In the said claim case, the opposite party no. 1 filed an application before the competent authority alleging that by a registered conveyance dated September 24, 2004 the opposite party nos. 2 and 3 transferred the said Premises No. 170B Chittaranjan Avenue (hereinafter referred to as "the said premises") together with the said building and prayed for being substituted as the claimant in the said claim case, in place and stead of the opposite party nos. 2 and 3, the original claimants.;