M. U. SHAH, N. G. SHELAT, J.

( 1 ) THIS group of eight revision applications raise a common question as to whether the Gujarat Housing Board established under the Gujarat Housing Board Act 1961 which is said to be a local authority contemplated in sec. 3 sub-sec. (3) of the said Act becomes a necessary or proper party so called under the provisions contained in O. I of the Civil Procedure Code by reason of their being directed to appear and adduce evidence if any under sec. 50 sub-sec. (2) of the Land Acquisition Act 1894 hereinafter to be referred to as the Act as amended by Act XX of 1963 by the Gujarat State in the land acquisition proceedings taken out by the Local Government for the benefit of the Housing Board. In the event of our finding that the Gujarat Housing Board is not a party either necessary or proper in the proceedings under the Act we are required to consider as to the meaning given to the words to appear and adduce evidence if any so as to include the right of audience as also to cross examine the claimants witnesses etc. in the matter. . . . . . . . . . . . . . . . . . . . . .

( 2 ) THE Gujarat Housing Board is constituted under the provisions contained in Gujarat Housing Board Act 1961 and as contemplated in sub-sec. (3) of sec. 3 thereof it shall be deemed to be a local authority for the purposes of the Act as also for the relevant Land Acquisition Law. It is common ground that this Board is interested in the land acquisition proceedings as the compensation amount is to come from its funds for the acquisition of those lands and since it is a Local Authority as required in sec. 50 (2) of the Land Acquisition Act (hereinafter to be referred to as the Act) it has a right to appear and adduce evidence for the purpose of determining the amount of compensation. We may set out sec. 50 of the Act. It runs thus :-50 (1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Company the charges of and incidental to such acquisition shall be defrayed from or by such fund or Company. (2) In any proceeding held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation:-PROVIDED that no such local authority or Company shall be entitled to demand a reference under sec. 18. SUB-SEC. (2) of sec. 50 of the Act however has come to be amended by Gujarat Act No. XX of 1963 of the Land Acquisition (Gujarat Unification and Amendment) Act 1963 By reason of sec. 23 thereof in sec. 50 of the Principal Act in sub-sec. (2) for the words may appear and adduce evidence the words (shall be called upon to appear and adduce evidence if any shall be substituted. In other words by reason of this amendment the duty is cast on the Collector or the Court as the case may be to call upon any such local authority or Company concerned to appear and adduce evidence if any for the purpose of determining the amount of compensation instead of a mere right given to it under the Principal Act to appear and adduce evidence for the said purpose. This amended provision has come in force with effect from 9th July 1965. The Gujarat Housing Board thereupon filed applications in the various Compensation Cases pending before the City Civil Court Ahmedabad for being joined as party to the proceedings and that has raised a question whether such a right given to it under sec. 50 sub-sec. (2) of the Act requires the Court to join it as a party to the proceeding having all the rights that a party to a suit or a legal proceeding can claim. In other words the Housing Board by reason of its being a Local Authority (acquiring body of the lands in question) as contemplated in sec. 50 (1) of the Act becomes a necessary or proper party in those cases for the purpose of determination of the compensation. Much though the applications are made by the Gujarat Ho

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