MYSORE HOUSING BOARD Vs. SYED AFZAL AHMED QADRI

JUDGEMENT

(1.) This revision petition is by the Mysore Housing Board (hereinafter referred to as the Board) against the order passed by the Civil Judge, Bidar on I.A.No.I dt.7th December 1972.

(2.) Two lands bearing S. Nos.10 and 11 were notified for acquisition by the issue of a notification under S.4 of the Land Acquisition Act, 1961 (hereinafer referred to as the Act) dt.4th December 1964. It is stated that the lands were needed for a public purpose, to wit for extension of Bidar City. After considering the report and the objections a final notification was issued under S.6 of the Act under the notification dated 26-5-1965 published in the Mysore Gazette dt.17-6-1965. The said notification states that the lands are needed for a public purpose, to wit, for extension of Bidar City. The Land Acquisition Officer awarded a compensation of Rs.73,151-50 to the claimants- respondents 1 to 7 herein. On a reference made under S.18 of the Act at the instance of the claimants, the compensation was enhanced to Rs.4,32,451 by the Civil Judge, Bidar. That award was challenged by way of appeal in MFA.374 of 1964 by the City Municipality, Bidar, and by the State of Mysore in MFA.399/64 before this Court. This Court by order dt.12-4-1971 set aside the order passed by the Civil Judge and remitted the case back to him for fresh disposal in accordance with law. It is after remand by this Court, that the petitioner viz., the Board filed an application on 18-9-1972 praying that it be impleaded as a party and permitted to lead evidence before the learned Civil Judge. That application having been opposed, the Court has passed the order under revision rejecting the petitioner's application. Hence this revision petition by the Mysore Housing Board.

(3.) Sri G.B.Raikar, learned Counsel for the petitioner contended that the learned Civil Judge was not right in rejecting the application made under Or.I, R.10 CPC. He also contended that at any rate, the petitioner should have been permitted to participate in the proceedings for the purpose of leading evidence to enable the Court to arrive at a proper decision in regard to the determination of the amount of compensation payable to the claimants.