TAMIL NADU STATE HOUSING BOARD Vs. SANGAMA NADAR

JUDGEMENT

(1.) The petitioner, Tamil Nadu State Housing Board, is the revision petitioner. There was a reference under Section 18 of the Land Acquisition Act before the subordinate Judge, Srivilliputhur, in respect of the enhanced compensation claimed by the land owners in respect of the land belonging to them acquired by the Government for the purpose of construction by the Tamil Nadu Housing Board. The Tamil Nadu Housing Board filed a petition under Or. I, Rule 10 and S. 151, C.P.C. r / w Sections 3 (b) and 50 (2) of the Land Acquisition Act praying that the Tamil Nadu Housing Board to be added as a party in the Land Acquisition O.P. pending before that Court and permitting the Tamil Nadu Housing Board to cross-examine the witness examined on behalf of the claimants and also permitting the Housing Board to adduce evidence on its behalf with regard to the enhanced amount claimed by the claimants. The learned Subordinate Judge after considering the contentions put forward by the petitioner, Housing Board, and also the objections raised by the claimants as regards the petition filed by the housing board passed the order permitting the Housing Board to adduce evidence and rejecting the request of the Housing Board to cross-examine the witnesses examined on behalf of the plaintiff, but stating that such cross-examination had been done through the Government Pleader as instructed by the Housing Board, and dismissed the petition. Aggrieved against the said order the present revision petition has been filed contending that the learned subordinate Judge erred in dismissing the petition without directing impleading of the Housing Board and if the Housing Board is not impleaded, the Housing Board will be greatly prejudiced and the learned subordinate Judge failed to see that the Housing Board is a person interested as defined udder Section 3 (b) of the Land Acquisition Act and the learned Subordinate Judge also failed to follow the decisions on this point and hence the petitioner has prayed to set aside the order passed by the learned Judge and allow the Housing Board to be impleaded as a party in the Land Acquisition Proceedings.

(2.) The point that arises for consideration in this revision is as to whether the Housing Board has to be impleaded in the land acquisition proceedings and allowed to cross-examine the witness examined by the claimants.

(3.) Section 11 of the Land Acquisition Act deals with the enquiry and Award by the Collector. According to that section, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8, and into the value of the land and into the respective interests of the persons claiming the compensation and thereafter make an award with regard to the true area of the land compensation which should be allowed for the land, the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims the claimant has information whether or not they have respectively appeared before him, it may be pointed out that Section 9 deals with notice to persons interested by the Collector with regard to the intention of the Government to take possession of the land and that claims to compensation for all interest in such land to be made to him. Under Section 9 (3) it is incumbent on the Collector to serve notice on the occupier, if any, of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested therein. On a perusal of Section 9 it may be stated that under that section persons interested with reference to persons who could claim compensation in respect of the land proposed to be acquired by the Government in the capacity of owner, occupier etc.