MAHABUBNAGAR HOUSING BOARD ALLOTTEES AND AGREEMENT PURCHASERS WELFARE ASSOCIATION Vs. LAND ACQUISITION OFFICER REVENUE OFFICER MAHABUBNAGAR

JUDGEMENT

(1.) In a reference under Section 18 of the Land Acquisition Act, 1894 (the Act), by the owner of the land acquired for the benefit of the A.P. Housing Board, some of the allottees from it formed into the revision petitioner association and filed a petition to bring the revision petitioner on record in the said O.P. and the same was dismissed by the order under revision.

(2.) The averments in brief in the affidavit of the General Secretary of the Revision petitioner society, filed in support of LA. No.267 of 2003, are the revision petitioner society was registered in 2003 for the welfare of the allottees and agreement holders from the Housing Board, Mahabubnagar, who are the ultimate beneficiaries of the land acquired by the Housing Board. Since the allottees, while taking possession of the allotted houses agreed to pay the proportionate amount of compensation fixed by the Reference Court, allottees are interested persons and hence are necessary parties to the O.P and so, the revision petitioner may be brought on record to contest the O.P. First respondent filed counter contending that the petitioner is not a necessary and proper party to the petition. Third and fourth respondents also filed their counters contesting the petition. No evidence either oral or documentary was adduced by the parties. As stated earlier, the Court below dismissed the petition by the order under revision.

(3.) The point for consideration is whether petitioner is a necessary and proper party to the O.P filed by the owners of the acquired land seeking enhanced compensation under Section 18 of the Act ?