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1994 Supreme(SC) 1046

SUPREME COURT OF INDIA
K. RAMASWAMY, M.K. MUKHERJEE AND S.C. SEN, JJ.
M/s. Neyvely Lignite Corpn. Ltd., Appellant
Versus
Special Tahsildar (Land Acquisition), Neyvely and others, Respondents.
Civil Appeal Nos.246 to 893 of 1990 (with C.A. Nos. 243-45 of 1990, 5096-5102, 4683, 4684 and 5103 - 19 fo 1989)
Decided on 19-10-1994.

Advocates:
A.K.SRIVASTAVA, A.L.TREHAN, A.MARIAPUTHAM, A.T.M.SAMPATH, ANAND PRASAD, ARUNA MATHUR, ASHOK GROVER, B.Kanta Rao, C.S.VAIDYANATHAN, IRFAN AHMED, K.R.CHOUDHARY, K.RAM KUMAR, LALITA KOHLI, M.K.D.NAMBUDIRY, MANOJ SVARUP, P.R.SITHARAMAN, Pravir Chaudhary, R.AYYAM PERUMAL, R.B.MISHRA, R.N.KESHWANI, RAJIV TYAGI, RAJU RAMACHANDRAN, S.BALAKRISHNAN, S.SRINIVASA VARMA, SHYAM MUDALIAR, U.A.RAMA, V.BALACHANDRAN, V.KRISHNAMURTHY, VINOD A.BOBDE

Headnote:

Constitution Of India,,1950 - Civil Procedure Code,1908 – Order,1 – Rule,10 - Land Acquisition Act 1 of 1894 - Section 4(1) - Payment Of Proper Compensation - Interest in compensation - Appellant sought to be imp leaded as party respondent to adduce evidence for fixation proper compensation - Civil Court dismissed applications holding that appellant is not an interested person common order dated November - High Court in revisions by judgment order of Civil Court - In appeals filed by State Section appellant sought to be imp leaded as party respondent which courted turned down holding that appellant is not person interested - Against that batch of appeals have been filed here - Appellant also filed writ petitions challenging validity of award and decree made Section by filing writ petitions - Full Bench held that appellant is not person interested - Therefore dismissed writ petitions - Thus these appeals have been filed by special leave – Held, Since writ petitions filed by appellants courted dismissed court set aside orders and direct High Court to treat them as appeals properly filed Act and be dealt with along with appeals filed State pending disposal in High Court - In pending references Section Court of Subordinate Judge Cuddlier it is directed to order imp leading appellant as party respondent and would give reasonable opportunity to cross examine witness examined by claimants and to examine witnesses on its behalf to rebut evidence for higher compensation appellant is entitled to be heard in support of determination of just and proper compensation - In this view need to impaled appellant as party-respondent in pending appeals in High Court does not arise - Against interim orders refusing unconditional stay and directing payment of entire compensation appellants have sought leave of this Court and this Court by order dated March directed appellant to deposit per cent of enhanced amount and per cent amount was directed to be withdrawn without security and per cent shall be withdrawn on furnishing bank guarantee to satisfaction Registrar of High Court - Above order and bank guarantee now pending before Registrar of High Court would be treated to be conditional order in pending appeals in High Court and appeals of appellant and appropriate orders will be passed by High Court on basis of decision that would be rendered at time of final disposal of appeals - Appeals are accordingly allow courted - But circumstances without costs – Appeal disposed

JUDGMENT

 These appeals arise from the judgments of the Madras High Court in one batch in C.R.P.Nos. 1141-1351/87 and batch dated April 7,1989; (reported in 1989 (1) Mad LJ 533) and another batch from a judgment of the Full Bench rendered in M/s Neyvely Lignite Corpn. Ltd v. P. Ramaswami Naidu, AIR 1990 Mad.160. Notification under Section 4(1) of the Land Acquisition Act 1 of 1894 for short the Act was published in the year 1975 acquiring a large extent of 5200 acres of land for the purpose of excavating inferior quality of the coal in South Arcot District in the State of Tamil Nadu. The Tahsildar, the Land Acquisition Officer awarded compensation in the years 1977-80 under Section 11 of the Act. Dissatisfied therewith, the claimants sought and secured over 2000 references under Section 18 to the Civil Court, namely, the Subordinate Judge, Cuddalore. In some of which the Civil Court made awards and decrees under Section 26. In the pending references the appellant sought to be impleaded as a party respondent to adduce evidence for fixation of the proper compensation. The Civil Court dismissed the applications holding that the appellant is not an interested person by a common order dated November 28, 1986. The High Court in the revisions by judgment dated February 16, 1987 upheld the order of the Civil Court. In the appeals filed by the State under Section 54, the appellant sought to be impleaded as a party-respondent which were turned down holding that the appellant is not a person interested. Against that a batch of appeals have been filed here. The appellant also filed writ petitions challenging the validity of the award and decree made under Section 26 by filing writ petitions. The Full Bench held that the appellant is not a person interested. Therefore, dismissed the writ petitions. Thus these appeals have been filed by special leave.

2. When the appeals had come up on May 3, 1991 before a Bench of two Judges, our learned brethren made a reference to three-Judges Bench thus:

"We think that it would be proper that the entire matter including right to seek reference, to adduce evidence or to claim to be impleaded as a party before the Civil Court or its right to file appeal before the High Court against the above orders and all other allied questions are necessary to be considered by three Judges."

Thus these appeals before this Bench. It is not in dispute that the entire controversy hinge upon interpretation of Section 3(b) and Section 50(2) of the Act whether the appellant is a person interested either to be impleaded as a party-respondent to the pending references under Section 18 to lead evidence, contest the reference and if the compensation is enhanced to file an appeal in the High Court under Section 54 or to get impleaded as a party-respondent in the pending appeals filed by the land acquisition officer or to file a writ petition under Art. 226 of the Constitution challenging the correctness of the award and the decree made by the Civil Court under Section 26 of the Act.

3. Section 3(b) defines person interested thus :

"the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be interested in land if he is interested in an easement affecting the land."

4. It is an inclusive definition and all persons claiming an interest in the compensation as well as an interest in the determination of the compensation and easementary right affecting the acquired land. It is contended by Shri Bobde, learned Senior counsel for the appellant that this Court has consistently taken the view that the words "person interested" is to be liberally interpreted to include the company or the local authority for whose benefit the land was acquired since the company or the local authority is the person ultimately to bear the burden of the compensation. So it is interested to determine proper compensation payable to the land and also























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