NANWA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS first appeal has been filed against the judgment and order passed by the Reference Court under Section 18 of the Land Acquisition Act (in short the Act) dismissing the reference as not maintainable and it has been held that the claimant has no case for enhancement of compensation and the compensation awarded is strictly in conformity with the facts and law, therefore, the reference under Section 18 of the Act is hereby dismissed.

(2.) THE appeal was admitted and the paper book was prepared. When the matter was taken up before the Court for hearing, an objection has been raised on behalf of the Respondent that in view of the various judgments of this Court as well as the Apex Court, this appeal cannot be heard and held to be maintainable in view of the fact that the requiring body in whose favour the land has been acquired by the State Government, has not been impleaded as a party, therefore, this appeal itself is not maintainable and cannot be decided on merit due to non -joinder of necessary party.

(3.) IN the event of denial of the right conferred by Section 50(2) on account of failure of the Collector to serve notice of the acquisition proceedings the local authority can invoke the jurisdiction of the High Court under Article 226 of the Constitution.