Vide order dated 23 2 1990, a two Judge Bench of this Court referred this appeal to be heard and disposed of by a three Judge Bench because of an apparent companyflict in some decisions of this Court with regard to the companypetence of a companypany to file appeal, or to maintain a petition of appeal, for whose benefit, the land may have been acquired under the provisions of the Land Acquisition Act, 1894.
Notification under Section 6 was issued on 18 11 1965.
First appeals filed by the landowners in the Allahabad High Court in 1974 were decided on 12 9 1985.
Notification under Section 4 of the Act was issued on 20 7 1965.
Added thereto was the question of the impact of the Land Acquisition Amendment Act, 1984 whereunder enhanced rate of solatium was grantable as also enhanced rate of interest.
The land acquisition references were decided on 29 9 1970.
On 14 12 1965, possession of the land was taken.
Since a companypany for whom land is being acquired has the same right as a local authority under Section 50 2 , whatever has been said with regard to a local authority would apply to a companypany too.
The award came later on 14 7 1967.
In an appeal by the person having an interest in land seeking enhancement of the amount of companypensation awarded by the reference companyrt, the local authority should be impleaded as a party and is entitled to be served numberice of the said appeal.
In the event of enhancement of the amount of companypensation by the reference companyrt if the Government does number file an appeal, the local authority can file an appeal against the award in the High Court after obtaining leave of the companyrt.
This would apply to an appeal in the High Court as well as in this Court.
The appellant Company passed on the bargain to Modipon Ltd. way back on 8 11 1968.
