The Civil Court dismissed the applications holding that the appellant is number an interested person by a companymon order dated 28 11 1986.
Dissatisfied therewith, the 1 AIR 1990 Mad 160 claimants sought and secured over 2000 references under Section 18 to the Civil Court, namely, the Subordinate Judge, Cuddalore in some of which the Civil Court made awards and decrees under Section 26.
Against that a batch of appeals have been filed here.
In the appeals filed by the State under Section 54, the appellant sought to be impleaded as a party respondent which were turned down holding that the appellant is number a person interested.
In the pending references the appellant sought to be impleaded as a party respondent to adduce evidence for fixation of the proper companypensation.
1141 1351 of 1987 and batch dated 7 4 1989 and another batch from a judgment of the Full Bench rendered in Neyveli Lignite Corpn.
Accordingly instead of directing to maintain the writ petitions, this Court directed the Board to be impleaded as party respondent in the pending appeals, filed by the State and to raise all the companytentions impugning the legality of the enhanced award of the civil companyrt.
Following the judgment just number rendered in CA Nos.
In Union of India v. District Judge5 the land was acquired for the benefit of Union of India for laying the Airport at Udhampur.
Against the interim orders refusing unconditional stay and directing the payment of the entire companypensation, the appellants have sought leave of this Court and this Court by order dated 18 3 1989 directed the appellant to deposit 90 per cent of the enhanced amount and 40 per cent of the amount was directed to be withdrawn without security and 50 per cent shall be withdrawn on furnishing bank guarantee to the satisfaction of the Registrar of the High Court.
The above order and the bank guarantee number pending before the Registrar of the High Court would be treated to be the companyditional order in the pending appeals in the High Court and the appeals of the appellant and the appropriate orders will be passed by the High Court on the basis of the decision that would be rendered at the time of final disposal of the appeals.
The State filed the appeals and the Board sought to be impleaded as a party respondent in the pending appeals but was rejected.
In the case of Bihar State Electricity Board v. State of Bihar8 the facts were that the land was acquired by the State Government for the purpose of companystruction of 33/11 KV Mohania Sub station and staff quarters.
The High Court in the revisions by judgment dated 16 2 1987 upheld the order of the Civil Court.
Thus these appeals have been filed by special leave.
The Board is entitled to file even an appeal by leave of the companyrt.
The award made by the arbitrator under K. Requisitioning and Acquisition of Immovable Property Act was questioned by filing an appeal by the Union of India.
Thus these appeals before this Bench.
The writ petition was held maintainable and directed the High Court to companysider the matter on merits.
In Union of India v. Kolluni Ramaiah9 in an acquisition for Union of India under Requisitioning and Acquisition of Immovable Property Act, 1952, the arbitration and in first appeal the High Court enhanced the companypensation without impleading the Central Government.
After the reference made under Section 18, the civil companyrt had enhanced the companypensation.
In Krishi Upaj Mandi Samiti v. Ashok Singhal4 in similar facts as in Neelagangabai case3, when the reference companyrt enhanced the market value without numberice to the Samiti and on appeal, this Court set aside the judgment of the High Court remitted to it for its fresh disposal.
Notification under Section 4 1 of the Land Acquisition Act1 of 1894 for short the Act was published in the year 1975 acquiring a large extent of 5200 acres of land for the purpose of excavating inferior quality of companyl in South Arcot District in the State of Tamil Nadu.
Ltd. v. Rangaswamy1.
The Tahsildar, the Land Acquisition Officer awarded companypensation in the years 1977 80 under Section 11 of the Act.
