UNION OF INDIA (UOI) DIESEL LOCOMOTIVE WORKS THROUGH ITS GENERAL MANAGER Vs. STATE OF U.P. THROUGH THE COLLECTOR AND ORS.

JUDGEMENT

(1.) THE aforementioned Application, namely, Civil Misc. (Conversion of the Writ Petition into Appeal under Section 54 of the Land Acquisition Act) Application No. 193281 of 2002, has been filed on behalf of the petitioner ( Union of India, Diesel Locomotive Works, Varanasi, through its General Manager) in the aforementioned Writ Petition. The petitioner has filed the aforesaid Writ Petition, interalia, seeking quashing of the judgement and order/award dated 26.11.1994 ( Annexure No. 1 to the Writ Petition ) passed by the learned IInd Additional District Judge, Varanasi on a reference made under Section 18 of the Land Acquisition Act, 1894.

(2.) IN view of the provisions of Section 26 of the Land Acquisition Act, 1894, the said judgment and order /award dated 26.11.1994 amounts to decree within the meaning of Clause (2) of Section 2 of the Code of Civil procedure.

(3.) IT is, interalia, stated in paragraph No. 8 of the Writ Petition that the Diesel Locomotive Works, Varanasi is liable to pay compensation for the land in dispute and was the person interested, and it should have been made a party in the proceedings under Section 18 of the Land Acquisition Act, 1894; and that the petitioner had no knowledge of the proceedings under Section 18 of the Land Acquisition Act, 1894 before the respondent No. 3 (IInd Additional District Judge, Varanasi).