MD. ILLIAS Vs. NAIYAR EKBAL

JUDGEMENT

(1.) This writ petition has been filed against the order dated 4.9.2008 passed by the Land Acquisition Judge, Dhanbad in L. A. Reference Case No. 10 of 1999 allowing the prayer of respondents under Order I Rule 10 of C.P.C. and adding them party in the proceeding.

(2.) Mr. D. K. Prasad, learned counsel for the petitioner submitted that Land Acquisition Act is a complete Code and C.P.C. is not applicable; and that the respondents are not the interested persons, and therefore, they should not have been impleaded as party. He further submitted that at best the respondents could take recourse to Section 30 for seeking reference. He relied on the case of Gorakhpur Development Authority, Gorakhpur Vs. District Judge, Gorakhpur and others, 1991 AIR(All) 241 and Shyamali Das Vs. ILLA Chowdhry and others, 2006 12 SCC 300. Mr. Laik, learned senior counsel on the other hand supported the impugned order and submitted that learned Judge was prima facie satisfied that the respondents should be impleaded as party. Referring to Section 53 of the Land Acquisition Act, he submitted that provisions of C.P.C. are applicable save so far as not inconsistent with Land Acquisition Act. He further submitted that Order I Rule 10 can be invoked and if the court is satisfied that they are interested persons, they can be added as parties, at the stage of reference under Section 18 of the Land Acquisition Act and not at the stage of Section 30. He distinguished the judgments cited by Mr. Prasad, and relied on the judgment in the case of Bagh Singh and others Vs. The Special Land Acquisition Collector, Jalandhar and another, 1984 AIR(P&H) 177.

(3.) The judgment of Gorakhpur Development Authority (supra) is not applicable in the present case as in that case the beneficiaries for whose benefit the land was sought to be acquired wanted to be impleaded as party and in that context, it was said that such application could not be made, in a proceeding under Section 18 of the Land Acquisition Act.