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

JUDGEMENT

(1.) This is an appeal under Sec. 54 of tire Land Acquisition Act 1894 (hereinafter referred to as the Act).

(2.) Appeal was filed by State of Uttar Pradesh and Meerut Development Authority. Learned Standing Counsel, appearing for State Government had no authority to file appeal on behalf of Meerut Development Authority and records do not disclose that State Government agreed to file the appeal jointly with the Development Authority. Similarly, learned counsel for the Development Authority could not have filed appeal on behalf of the State Government. Bodi sets of Learned counsel cannot be permitted to make submissions independently. Learned Standing Counsel having right of preaudience, is alone is to be heard. On this account, learned counsel for Development Authority prayed for leave to continue the appeal and transpose State of Uttar Pradesh as respondent Leave is granted and State Government is transposed as respondent.

(3.) Development Authority make a grievance that it did not get full opportunity to bring materials on record and the reference was disposed of hastily. Keeping the question open to be considered at later stage, Development Authority was permitted to file application for additional evidence. Claimant-respondent was also permitted to assail the application and file further materials. This procedure was adopted to make an endeavour to bring finality to the dispute early. Both Development Authority and claimant respondent have filed large number of documents to be entertained as additional evidence.