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Checking relevance for Shyamali Das VS Illa Chowdhry...

Shyamali Das VS Illa Chowdhry - 2006 8 Supreme 620 : Yes, a third party may be impleaded in a reference under the Land Acquisition Act, 1894, but only if they are a ''''person interested'''' within the meaning of Section 3(b) of the Act. The court held that a Land Acquisition Judge derives its jurisdiction solely from the order of reference and is bound by it. Its jurisdiction is limited to determining the adequacy of compensation awarded by the Collector. It cannot entertain applications for impleadment of a third party who is not a ''''person interested'''' under Section 3(b). In this case, the appellant was found not to be a person interested, and that finding attained finality. Therefore, a second application for impleadment, even based on a subsequent event, was not maintainable. Thus, impleadment is only possible if the third party satisfies the legal criteria of being a ''''person interested'''' under the Act.Checking relevance for MUTHAVALLI OF SHA MADHARI DIWAN WAKF s. J. SYED ZAKRUDEEN VS SYED ZINDASHA...

MUTHAVALLI OF SHA MADHARI DIWAN WAKF s. J. SYED ZAKRUDEEN VS SYED ZINDASHA - 2009 0 Supreme(SC) 317 : A third party cannot be impleaded in a reference proceeding under the Land Acquisition Act, 1894, if the reference was made only in respect of the quantum of compensation and not for issues like title or apportionment of compensation. The reference court derives jurisdiction only in terms of the order of reference and cannot consider any question beyond what is referred. No amount of consent can confer jurisdiction on a court when it has none. Therefore, impleadment of a third party is not permissible in such a reference proceeding unless a proper reference is made for title or apportionment of compensation.Checking relevance for SATISH KUMAR GUPTA ETC. ETC. VS STATE OF HARYANA...

SATISH KUMAR GUPTA ETC. ETC. VS STATE OF HARYANA - 2017 2 Supreme 516 : Under the Land Acquisition Act, 1894, a post-acquisition allottee of land has no locus to be heard in the matter of determination of compensation and is neither a necessary nor a proper party to the proceedings. Any transferee from the State, including a post-acquisition allottee, is not concerned with the process of acquisition, and the State may transfer the acquired land by public auction or allotment at any price without the concern of the person whose land was acquired. Mere reference to the compensation price determined by the court in fixing the allotment price does not confer any locus on the allottee to contest claims for enhancement of compensation.Checking relevance for Ram Prakash Agarwal VS Gopi Krishan...

Ram Prakash Agarwal VS Gopi Krishan - 2013 0 Supreme(SC) 354 : No, a third party cannot be directly impleaded before the Reference Court under the Land Acquisition Act, 1894. The Reference Court does not have jurisdiction to entertain applications for impleadment or apportionment from a person who has not first made an application before the Land Acquisition Collector under Section 18 or Section 30 of the Act. Such a person must first approach the Land Acquisition Collector for reference, and only then can the matter be referred to the Reference Court. The Reference Court''''s jurisdiction is strictly limited to the matters referred to it under Section 18 or 30 and cannot be expanded to include third parties who were not originally parties to the proceedings.Checking relevance for Union Of India VS Sher Singh...

Union Of India VS Sher Singh - 1993 0 Supreme(SC) 80 : Yes, a third party can be impleaded in a reference under the Land Acquisition Act, 1894. Specifically, a company for whose benefit land is acquired by the State Government can be impleaded as a party in a reference under Section 18 of the Act. The definition of ''''a person interested'''' is inclusive and must be liberally construed to include any body, local authority, or company that may be directly or indirectly interested in the title to the land or in the quantum of compensation. This principle applies even when the Central Government (such as the Union of India) is the beneficiary, as it has no independent machinery for acquisition and relies on the State Government, and thus has a financial interest in the compensation. The court has directed impleadment of such parties to ensure their rights are protected, particularly when they are deprived of the right to appeal.

• Third Parties in Land Acquisition & Related Proceedings - Main points and insights:
• Generally, third parties, such as subsequent purchasers or strangers, are not considered necessary parties in land acquisition or transfer disputes unless their rights are directly affected or they have a substantial interest. For example, ["Korada Sireesh VS Patrudu Ramakrishna - Andhra Pradesh"] states that a third-party purchaser is not a necessary party so far as the existing issues...are concerned and that third parties who claim title can be impleaded in suits, especially when their claims are relevant to the dispute.
• The discretion to implead third parties depends on the context and the nature of the case. Courts may allow or reject impleadment based on whether the third party’s interest is directly affected or whether their inclusion is necessary for effective adjudication. ["Meena Devi, Wife of Late Kapildeo Singh vs Kailash Devi Wife of Late Bhagwat Prasad - Patna"] emphasizes that a necessary party is one in whose absence no effective decree could be passed, and that the court has discretion to add or strike out parties.
• In land acquisition cases, the land acquisition authority or local authority can be impleaded if their interest or actions impact the proceedings, as seen in ["Vuppala Gopala Krishna And 6 Others vs The Competent Authority (Land Acquisition) and the Revenue Divisional Officer And 8 Others - Telangana"] and ["VALLICODE GRAMA PACHAYATH REP. BY Vs DISTRICT COLLECTOR PATHANAMTHITTA &ORS - Kerala"]. For instance, the local authority is a proper party in the proceedings before the reference court ["Vuppala Gopala Krishna And 6 Others vs The Competent Authority (Land Acquisition) and the Revenue Divisional Officer And 8 Others - Telangana"].
• The Land Acquisition Act, 1894/Section 18 of the Land Acquisition Act, restricts direct impleadment of third parties unless they have a recognized interest or claim under the Act. ["VALLICODE GRAMA PACHAYATH REP. BY Vs DISTRICT COLLECTOR PATHANAMTHITTA &ORS - Kerala"] notes that a person who has got only a contract for sale or has got a decree for specific performance...has no interest in the land and cannot directly be impleaded in the reference court.
• In suits for specific performance or disputes over land, third parties such as lis pendens purchasers or those claiming rights through collateral interests are not automatically necessary or proper parties unless they demonstrate a direct and substantial interest. ["Shantilata Masanta VS Rajanimani Nayak - Orissa"] and ["Harish Kumar VS Usha Devi - Rajasthan"] highlight that impleadment depends on whether the third party's rights are affected or whether their inclusion is necessary for justice.
• The courts recognize that the process of impleadment is at the discretion of the court, and mere claim or interest does not automatically entitle a third party to be added unless it is necessary for effective resolution of the dispute ["Md. Atif Ansar VS Rehan Mohammad Tarique - Patna"].
• In land acquisition cases, third parties claiming independent rights (e.g., under Section 30 of the Land Acquisition Act) may have a different standing compared to those seeking to be substituted or impleaded in place of the original parties ["Harish Kumar VS Usha Devi - Rajasthan"].
• The courts have consistently held that third parties, such as transferees pendente lite or those with collateral interests, are not automatically to be impleaded unless their rights are directly affected or they seek to protect their interests actively ["Sabita Sahu vs Nishakar Singh - Orissa"].

• In cases involving the transfer of land during litigation, courts have rejected third-party claims or impleadment where the third party's interest is not directly recognized or where their claim is based on mere contractual or collateral interests ["Kunja Bihari Swain vs Bigneswar Swain - Orissa"], ["Suresh Vamanrao Gaikwad VS Karva Developers, through Shri Devkisan Brijlaal Karwa - Bombay"].

• Analysis and Conclusion:

• It is possible for third parties to be impleaded in proceedings under the Land Acquisition Act or related land disputes, but only when their interests are directly affected, or they have a recognized legal claim or right in the land. The courts exercise judicial discretion based on whether their inclusion is necessary for a just and effective adjudication.
• Generally, third-party purchasers or strangers are not automatically necessary or proper parties unless they demonstrate a substantive interest, such as a claim of ownership, title, or rights arising from transactions or collateral interests.
• The legal framework, including Section 18 of the Land Acquisition Act and procedural rules like Order 1 Rule 10 CPC, provides for the possibility of impleadment but emphasizes that such actions are at the discretion of the court, and the mere existence of interest does not guarantee inclusion.
• In conclusion, third parties can be impleaded in land acquisition and related cases if their rights are substantially affected or if their presence is necessary for a complete adjudication, but this is not an automatic right and depends on the facts and judicial discretion ["Korada Sireesh VS Patrudu Ramakrishna - Andhra Pradesh"], ["Meena Devi, Wife of Late Kapildeo Singh vs Kailash Devi Wife of Late Bhagwat Prasad - Patna"], ["Vuppala Gopala Krishna And 6 Others vs The Competent Authority (Land Acquisition) and the Revenue Divisional Officer And 8 Others - Telangana"].