MITHLESH Vs. COLLECTOR

JUDGEMENT

(1.) This appeal under section 381 of the U.P. Nagar Mahapalika Adhiniyam, 1959 is listed for final hearing. It is an appeal of the year 1985. The appeal is directed against the award of the Reference Court dated 25.5.1981 passed in Land Acquisition Case No. 2 of 1981. Sri Rahul Agarwal, learned Counsel for the appellant has confined his arguments only to the award of interest on the amount of damages awarded under section 48A of the Land Acquisition Act (herein after referred as Act).

(2.) The land in dispute was acquired under the provisions of the U.P. Nagar Mahapalika Adhiniyam, 1959 and was subsequently handed over to the U.P. Awas Vikas Parishad and as such Parishad is the ultimate beneficiary of the said land upon whom rests the responsibility of the satisfying the award.

(3.) Accordingly, on behalf of the Parishad an application for impleadment under Order I, Rule 10 of the C.P.C. was moved as far back as in the year 1992. The Counsel for the Parishad, who moved the application is no longer on panel of the Parishad for last over 10 years but no new Counsel has been engaged on behalf Parishad to press the above application. Even though no one is present to press this application, in the interest of justice, I allow the same and permit U.P. Awas Evam Vikash Parishad, 104, M.G. Road, Lucknow through housing Commissioner to be impleaded as respondent No. 3.