STATE OF RAJASTHAN Vs. TRILOKI NATH SAHANI

JUDGEMENT

(1.) The parties were heard at length on inter locutory application No. 828/99 whereby National Housing Co-operative Society Limited, Jaipur has sought for impleadment as respondent in the above appeal.

(2.) The background of this appeal under sec. 54 of the Land Acquisition Act, 1894 (in short 'the Act') is that the State of Rajasthan initiated land acquisition proceedings for development of residential colony in Jaipur. The proceedings were initiated in the year 1974. Under the proceedings, Kahsra No. 21 and 22 area 75 bigha and 15 bisw in village Jhalana Dungri, Sanganer were acquired, however by order dtd. 11/3/1974, the Land Acquisition Officer did not award any compensation saying that the aforesaid khasra were government land. Original respondent No.1 late Triloki Nath Sahani claimed title over the aforesaid two khasra and asked the Land Acquisition Officer to refer the matter to the court under Sec. 18 of the Act. By order dtd. 14/8/74, the Land Acquisition Officer referred the matter to the court and by judgment dtd. 6/4/1999, the Court awarded compensation in favour of respondent No.2 which is challenged in this appeal filed by the State of Rajasthan. Appellant No.2 is the Land Acquisition officer of Nagar Vikas Yojna, Jaipur.

(3.) The claim of the applicant is that applicant had entered into two agreements with respondent No.1- Triloki Nath Sahani on 10/8/81 to purchase the aforesaid khasra. According to the applicant, possession of the portion of land which was subject matter of agreement was handed over to the applicant and applicant had paid entire consideration money to respondent No.1, therefore, applicant has got interest in the property which is subject matter in this appeal as such the applicant has a right to be heard in this appeal.