PREM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Paragon Coop. Group Housing Society Limited, the applicant in Civil Misc. No. 4591 -CI of 2003, and The Ind. Bank Staff Coop Group Housing Society Ltd., the applicant in Civil Misc. No. 2243 -CI of 2003, have moved the present applications under Order I Rule 10 read with Section 151 of the Code of Civil Procedure for impleading said applicants as respondents in the present appeal.

(2.) THE present appeal arises out of award dated 7.5.2002 announced by the Additional District Judge, Panchkula, in a Reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter to be referred as "the Act") - Vide notification dated 20.1.1990, land measuring 132.1 acres of village Kund was sought to be acquired vide notification under Section 4 of the Act, The land was acquired by way of a notification dated 25.1.1991 under Section 6 of the Act for a public purpose, namely, for development and utilisation of land as residential and commercial area for Section 20, Panchkula under the Haryana Urban Development Authority Act, 1977.

(3.) THE learned counsel for the applicants relied upon Union of India v. Sher Shing and Ors. U.P. Awas Evam Vikas Parishad v. Gyan Devi (dead) by L.Rs. and Ors. ; Union of India and Ors. v. Special Tehsildar (ZA) and Ors. ; and Neyvely Lignite Corporation Limited v. Special Tehsildar (Land Acquisition Neyvely and Ors. to contend that the applicants are the persons interested as the land was acquired by the Haryana Urban Development Authority for development of residential and commercial area. The applicants are Group Housing Societies which have been allotted plots by the Haryana Urban Development Authority. In terms of letter of allotment, the burden of enhanced compensation is to fall on the applicants and therefore the applicants, are the proper parties. It was contended that the applicants are the beneficiaries of the acquisition and, therefore, in terms of the judgments referred to above the applicants are interested both in the title to the property and also in the compensation to be paid and, therefore, both the applications deserve to be allowed.