INDO SWISS TIME LIMITED Vs. UMRAO

JUDGEMENT

(1.) Whether a company for whose benefit land is acquired under the provisions of the Land Acquisition Act, 1894, can be impleaded as a party in the Court of the District Judge in a reference preferred under Section 18 of the Act aforesaid is the meaningful issue which has necessitated this reference to the Full Bench.

(2.) Undoubtedly there was a sharp divergence of judicial opinion on the aforesaid issue. However, it appears to me that a recent judgment of their Lordships in Himalaya Tiles and Marble (P) Ltd. v. Francis Victor Coutinha, AIR 1980 SC 1118, to which a detailed reference follows hereinafter has now cut the Gordian knot cleanly in favour of the petitioner-company.

(3.) For an issue so pristinely legal, the particular facts would ultimately pale into insignificance. However, it is apt to briefly outline the matrix there of which has given rise to these twelve revision petitions now before us. Learned counsel for the parties are agreed that the issue being identical, this judgment would govern all of them.