UNION OF INDIA versus THE SPECIAL TEHSILDAR (ZA) AND ORS.

Citation: [1995] SUPP. 5 S.C.R. 459 · Decided: 12-11-1995 · Supreme Court of India · Bench: A.M. AHMADI, N.P. SINGH, B.N. KIRPAL · Disposal: Disposed off

Judgment (excerpt)

UNION OF INDIA 
A 
v. 
THE SPECIAL TEHSILDAR (ZA) AND ORS. 
NOVEMBER 12, 1995 
[A.M. AHMADI, C.J., N.P. SINGH AND B.N. KIRPAL, JJ.] 
B 
Land Acquisition Act, 1894 : Section 54. 
Enhancement of Compensation-Appeal against-Pending before High 
Court-Person filing w1it petition before High Cowt-Seeking impleadment as 
pany in the said appeal-Held: Writ petition not maintainable-Proper course 
was to approach the appellate Court for being impleaded. 
Constitution of India, 1950 : Article 226. 
c 
Writ Petition-By interested pany seeking impleadment in pending ap-
D 
peal-Held : Writ petition not maintainable-Proper course was to file ap-
plication in the appellate Cowt. 
The Department of Space approached the State for acquisition of 
land for Rocket Launching Station. This was done pursuant to the 
Notification which had been issued under Article 258(1) of the Constitu-
E 
tion of India whereby President of India had entrusted to the State 
Government, with their consent, the functions of the Central Government 
under the Land Acquisition Act, 1894 in relation to acquisition of lands 
for the purpose of the Union of the said State. Accordingly, Notification 
under section 4 of the Land Acquisition Act, 1894 was issued by the State 
Governor. 
Pursuant to the issuance of the aforesaid Notification under section 
F 
4 of the Act, further proceedings were taken and the Land Acquisition 
Officers awarded compensation. Dissatisfied with the award, the land 
owners filed application requiring Reference under section 18 of the Act. G 
The said References were heard by the Subordinate Court and the amount 
of compensation was substantially increased. 
Against the aforesaid judgment of the Subordinate Court enhancing 
the compensation, the Respondents filed appeals in the High Court. The 
High Court by an interim order directed the entire enhanced award H 
459 
460 
SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R. 
A 
amounts to be deposited in the Court and if the amount was not deposited, 
then the stay was to be automatically vacated. 
B 
Inasmuch as the lands were acquired by the appellant and the 
compensation to be paid was to be borne by the Department of Space, the 
State Revenue Authorities urged the appellant to deposif the enhanced 
compensation amounts in the Court. Thereupon the appellant filed Writ 
Petition in the High Court praying that it should be impleaded as a party 
in the aforesaid appeals which had been filed by the Land Revenue 
Authorities and there should be a stay with regard to the direction which 
had been issued requiring the deposit of the enhanced amount. These Writ 
C .petitions were admitted and interim orders were passed staying the opera-
tion of the awards/decrees of enhanced compensation which had been 
passed. 
The High Court held that the appellants in land acquisition cases 
could not be considered as interested parties in the cases and, therefore, 
D 
should not be impleaded as a party. Aggrieved by the High Court's 
judgment the appellants preferred the presents appeal. 
E 
F 
Disposing of the appeal, this Court 
HELD : 1.1. It is an admitted case that the appeals are pending 
against the order passed by the Subordinate Court on reference having 
been made under section 18 of the Land Acquisition Act, 1894. The 
appellants wanted to be impleaded as a party in the said appeals. The 
proper and the only course which should have been adopted was to have 
applied to the Appellant Court for being impleaded as a party. Instead of 
doing this, writ petition under Article 226 of the Constitution of India was 
filed. The appellants desired an order of the Court for being impleaded in 
the appeals which were pending before the High Court. The proceedings 
under Article 226 of the Constitution of India could not have been in-
stituted and as already observed, the only remedy which was available to 
G the appellants was to apply, in the pending appeals, to be impleading as a 
party by moving an appropriate interim application. [464-B-E] 
1.2. The High Court unnecessarily entertained writ petitions and 
gave a detailed Judgment on the question which, in fact, it could not 
consider when dealing with a petition under Article 226 of the Constitution 
H 
of India. This question should have been considered only if the proper 
U.0.I. v. SPL. TEHSILDAR (ZA) [KIRP AL, J.] 
461 
application was filed in the pending appeals for being impleaded as a A 
party. [ 464-E-F] 
U.P. Awas Evam Vikas Parishad v. Gyan Devi 

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