LexAWAS EVAM VIKAS PARISHAD versus GYAN DEVI (DEAD) BY L.RS. AND ORS.
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A U.P. AWAS EVAM VIKAS PARISHAD v. GYAN DEVI (DEAD) BY L.RS. AND ORS. OCTOBER 20, 1994 B [M.N. VENKATACHALlAH, CJ, P.B. SAWANT, S.C. AGRAWAL, R.M. SAHA! AND S.P. BHARUCHA, JJ.J Land Acquisition Act, 1894-Section 50(2)-/nterpretation of,~Ac quisition of land for a local authority-Right of local authority to participate C in proceedings for acquisition-Legal remedies available to authority against detennination of compensation. D Land Acquisition Act, 1894-Section 50(2), Proviscr-Acquisition of land for local authority-f'roceedings before reference court-Local authority is proper party-Right to adduce evidence. The U.P. Avas Evam Vikas Parishad (Uttar Pradesh Housing and ~ Development Corporation) a statutory Board created under the Uttar Pradesh Avas Evam Vlkas Parishad Adbinujam, 196S, framed a scheme known as the 'Trans-Yamuna Housing and Accommodations Scheme'. The E notifications u/s 28 and 32 of the U.P. Act (analogous to sections 4(1)and 6 of the Land Acquisition Act) were published. Amount of compensation was f1Xed by adopting 'belting system'. At the instance of the land owners reference was made. The Tribunal f1Xed the market value of the acquired land at a Rat rate. Appeals filed against the award of the Tribunal were allowed by the High Court whereby the belting system was restored. The F High Court, however, did not award the amount payable u/s 23 (l·A) of the Land Acquisition Act. The land owners filed appeals against the judgment of the High Court. The Board was not impleaded as a party In the reference before the Tribunal or in the appeals before the High Court. The Board Ried applications for being impleaded as a party in the appeals. G The question for determination was whether the Land Acquisition Act conferred any right on the Board to participate at the stage of deter- mination of compensation for the land which was sought to be acquired u/s SS of the U.P. Act read with the provision of the Land Acquisition Act and to assail such determination if the Board felt aggrieved by the same. H Therefore, these appeals raised common questions involving the inter- 646 AWAS EV AM VIKAS P ARISHAD v. GY AN DEVI 647 pretation of sub-section (2) of Section 50 of the Land Acquisition, 1894. A Disposing of the matter, this Court HELD: By the Court (Per Majority) (per S.C. Agarwal J. for himself & M.N. Venkatachaliah, CJI, P.B. Sawant and S.P. Bharucha, JJ.) 1.1. Section 50(2) of the Land Acquisition Act confers on a local authority for whom land is being acquired a right to appear in the acquisition proceedings before the Collector and the reference court and adduce evidence for the purpose of determining the amount of compensa- tion. [ 664-C] 1.2. The said right carries with it the right to be given adequate notice by the Collector as well as the reference court before whom acquisition proceedings are pending of the date on which the matter of determination of compensation will be taken up. [664-D] 1.3. The proviso to Section 50(2) only precludes a local authority from seeking a reference but it does not deprive the local anthority which feels aggrieved by the determination of the amount of compensation by the Collector or by the reference conrt to invoke the remedy under Article 226 B c D-' of the Constitntion as well as the remedies available under the Land E Acquisition Act. [664-E] 1.4. In the event of denial of the right conferred by Section 50(2) on account of failure of the Collector to serve notice of the acquisition proceedings the local authority can invoke the jurisdiction of the High Court under Article 226 of the Constitution. [664-F] 1.5. Even when notice has been served on the local anthority the remedy under Article 226 of the Constitution would be available to the local authority on grounds on which judicial review is permissible under Article 226. [664-G] 1.6. The local authority is a proper party in the proceedings before the reference court and is entitled to be impleaded as a party in those proceedings wherein it can defend the determination of the amount com- pensation by the Collector and oppose enhancement of the said amount F G and also adduce evidence in that regard. [664-H] H A B c D 648 SUPREME COURT REPORTS [1994) SUPP. 4 S.C.R. 1.7. In the event of enhancement of the amount of compensation by the reference court if the Government does not file an appeal the local authority can file an appeal against th
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