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TMI Blog1995 (11) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... thern tip of Sri Harikota Island in the Marimanal village in Pooneri Taluka Chengai Anna District, Tamil Nadu, were acquired. The extent of these lands, with which we are concerned, was about 5394 area. 3. For the purpose of acquiring the aforesaid lands, the Department of Space, Government of India approached the State of Tamil Nadu. This was done pursuant to the Notification No. 4(1)/65 dated 23.4.1966 which had been issued under Article 258(1) of the Constitution of India whereby President of Indian had entrusted to the Government of Tamil Nadu, 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 in the said State. Accordingly, N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment 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 petitions were admitted and interim orders were passed staying the operation of the awards/decrees of enhanced compensation which had been passed. 7. The aforesaid writ petitions, along with a number of similar petitions filed by other Central Government Departments and Organisation were heard by the High Court and the impugned judgment and order dated 28.4.1989, the High Court held that the Requisitioning Department in land acquisition cases could not be considered an interested party in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication in the present case because U.P. Awas Evam Vikas Parishad was treated as a local authority by virtue of Section 3(i) as introduced by U.P. Act and, therefore, Section 50(2) of the Act conferred on the local authority, for whom the land is acquired, 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 compensation. It was contended that in the present case, the appellants could not be regarded as a local authority under Section 50 and it had not right to be impleaded as a party. The second submission of the learned Counsel for the respondents was that according to Section 3(ee) of the Act, the expression 'appropriate Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ief could, possibly, have been sought by the appellants against the respondents. What was, in fact, desired by the appellants was an order of the Court for being impleaded in the appeals which were pending before the High Court. The collateral proceedings under Article 226 of the Constitution of India could not have been instituted and as already observed, the only remedy which was available to the appellants was to apply, in the pending appeals, to be impleaded as a party by moving an appropriate interim application. 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 of India. This quest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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