S.N.VARIAVA, H.K.SEMA
NTPC LTD. – Appellant
Versus
State Of Bihar – Respondent
Key Points: - The acquiring body has the right to be impleaded in all reference proceedings; non-impleadment affects their rights and may vitiate the award, necessitating retrial. (!) (!) - The High Court erred in not setting aside enhanced-award cases and remitting them to the Reference Court with direction to implead the acquiring body; the Awards in 492 cases where compensation was enhanced are set aside and remitted. (!) (!) - The Reference Court is to dispose of references expeditiously, with cross-examination rights preserved for the acquiring body and allowing further or recalled testimony as needed. (!)
ORDER
1. This appeal is against the judgment of the High Court dated 15-1-1998.
2. Briefly stated, the facts are as follows:
Large tracts of lands were acquired for the purposes of constructing a thermal power station at Kahalgaon in the State of Bihar. Not being satisfied with the amounts awarded by the Land Acquisition Officer, 1710 references were filed. Out of this 704 references have already been decided. 1006 references are still pending. From the 704 references, which have already a been decided, in 212 cases the compensation awarded by the Land Acquisition Officer has been confirmed. However, in 492 cases the Reference Court has enhanced the compensation. Out of 492 cases in which compensation has been enhanced the State has filed appeals in 302 cases and no appeals have been filed in 190 cases.
3. 1t must be mentioned that the appellants, who are the body on whose behalf land has been acquired, had made applications for being impleaded in two references. However, their applications for impleadment had been dismissed on 4-9-1992 and 6-1-1993 on the ground that they were neither necessary nor proper party.
4. The appellants then filed a writ petition in the High Court claimi
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