This is an appeal against the judgement and decree dated 31-07-1995 passed by the District Judge, Tehri Garhwal in LAR NO.1 of 1991, Krishna Nand Joshi vs. State of U.P. & others.

2. Briefly stated the facts giving rise to the present appeal are that the land was acquired under section 4 of the Land Acquisition Act on 10-31984 and notification under section 6 of the Act, was published in March 1985. The special Land Acquisition Officer, Tehri Garhwal has given award on 30-9-1985 by determining total amount of Rs. 9,69,420/-. The claimants sought reference under section 18 of the Land Acquisition Act for enhancement of compensation.

3. The short submission of the petitioner is that the Tehri Hydro Corporation has not been made party in the reference proceedings. The land has been acquired in public interest for the benefit of the petitioner. The petitioner is a necessary party as well as in reference. Under section 18 of the Land Acquisition Act, it is mandatory to imp-lead the acquiring body for whose benefit the land has been acquired.

4. The counsel for the respondent has submitted that although the State was a party to the proceedings but merely as the acquiring body ha