1969 (3) TMI 93 - HC - Indian Laws

Summary

Issues Involved:

1. Whether the Gujarat Housing Board is a necessary or proper party in land acquisition proceedings under the Land Acquisition Act, 1894.
2. Interpretation of the right to "appear and adduce evidence" under Section 50(2) of the Land Acquisition Act, as amended by the Gujarat Act XX of 1963.
3. Applicability of the Civil Procedure Code provisions to the Gujarat Housing Board in land acquisition proceedings.
4. The extent of the Gujarat Housing Board's rights in land acquisition proceedings.

Detailed Analysis:

1. Necessary or Proper Party:
The primary issue was whether the Gujarat Housing Board, established under the Gujarat Housing Board Act, 1961, qualifies as a necessary or proper party in land acquisition proceedings. The court concluded that the Gujarat Housing Board is neither a necessary nor a proper party in these proceedings. The Board's role is limited to appearing and adducing evidence for the purpose of determining the amount of compensation, as per Section 50(2) of the Land Acquisition Act. The court emphasized that the Board does not have the status of a party against whom relief can be claimed or an award can be passed.

2. Right to "Appear and Adduce Evidence":
The court examined the amended Section 50(2) of the Land Acquisition Act, which mandates that local authorities or companies must be called upon to appear and adduce evidence in compensation determination proceedings. The court interpreted this right to mean that the Board can present its evidence and cross-examine witnesses to challenge the compensation claimed by landowners. However, this right does not elevate the Board to the status of a full party in the proceedings.

3. Applicability of Civil Procedure Code:
The court noted that Section 53 of the Land Acquisition Act states that the provisions of the Civil Procedure Code apply to all proceedings under the Act, except where inconsistent with the Act itself. Given the specific provisions of Section 50(2), the court held that the Board could not invoke Order 1 Rule 10 of the Civil Procedure Code for joinder as a party. The Board's role is strictly defined by the Land Acquisition Act, and it cannot be considered a necessary or proper party under the Civil Procedure Code.

4. Extent of Board's Rights:
The court clarified that while the Board has the right to appear and adduce evidence, this right is limited to the determination of compensation. The Board cannot demand a reference under Section 18 of the Act, nor can it file an appeal against the award. The court emphasized that the Board's right to adduce evidence includes the right to cross-examine the claimant's witnesses, making the right more effective and meaningful. However, this limited right does not transform the Board into a full party in the legal proceedings.

Conclusion:
The court set aside the orders in certain revision applications and directed that the Gujarat Housing Board be allowed to appear and adduce evidence in the land acquisition proceedings, including the right to cross-examine witnesses. However, the Board was not granted the status of a party defendant. The court made no order as to costs in all the applications.