OM PRAKASH & ORS Vs. UOI & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the interested persons (I.Ps) in the proceedings which are pending before the Land Acquisition Court under Sections 30-31 of the Land Acquisition Act, 1894 (in short 'the Act'), impugning the order of the LAC court dated 16.2.2008 by which the LAC court has allowed two applications under Order XXII Rule 10 of the Code of Civil Procedure, 1908 (CPC) filed by respondents no.3 and 4 herein namely M/s Jacks Aviation Pvt. Ltd. and M/s Man Sarovar Irrigation Pvt. Ltd. for them to be impleaded as parties to the proceedings.

(2.) The case of the respondent nos. 3 and 4/applicants under Order XXII Rule 10 CPC was that the I.Ps in the proceedings by means of registered sale deeds dated 2.5.1989, and the sale deeds/assignments deeds dated 22.6.1989, had transferred their rights in the suit lands in favour of the applicants and therefore these applicants were to be impleaded under Order XXII Rule 10 CPC. It is not disputed that the sale deeds/assignments deeds executed are during the pendency of the proceedings under Sections 30-31 of the Act i.e transfer is stated to have taken place pendente lite. The petitioners however dispute the transfer to the applicants/respondent nos. 3 and 4.

(3.) The LAC court has allowed the applications holding that the applicants have to be given an opportunity to prove their right, title and interest in the land in question in view of the sale deeds/assignment deeds relied upon by them.