Facts
The petitioner sought impleadment as a claimant in a land-acquisition reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, concerning land claimed by respondents 1(A)–1(F).
Source reference: p. 4–7He asserted that he was a tenant of the acquired land and that his father’s Form No. 7 application for occupancy rights was pending before the Land Tribunal.
Source reference: p. 4–7The Reference Court rejected his application under Order I Rule 10(2) CPC.
Source reference: p. 4–7The petitioner challenged that order and sought to keep the reference proceedings in abeyance pending the Tribunal’s decision.
Source reference: p. 4–7Issues
Whether the petitioner could be impleaded as a claimant in the land-acquisition reference on the basis of a pending Form No. 7 application, despite not having established his rights over the acquired land.
Source reference: p. 6–8Whether the Reference Court’s rejection of impleadment warranted interference under Articles 226 and 227 of the Constitution.
Source reference: p. 8Law Applied
The application for impleadment was considered under Order I Rule 10(2) of the Code of Civil Procedure.
Source reference: p. 6–8The reference proceedings were brought under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and concerned a claim for enhanced compensation.
Source reference: p. 6–8The mere pendency of an application before the Land Tribunal does not, by itself, establish a claimant’s rights in the acquired property or entitle that person to join the compensation-reference proceedings.
Source reference: p. 6–8Reasoning
The petitioner’s asserted tenancy and claim to occupancy rights had not yet been determined by the Land Tribunal.
Source reference: p. 7–8The reference proceedings, by contrast, concerned the land losers’ claim for higher compensation, and the petitioner had not established a right in the acquired property.
Source reference: p. 7–8The Court therefore held that the pending Form No. 7 application alone did not justify impleadment and found no error in the Reference Court’s decision warranting supervisory or constitutional interference.
Source reference: p. 7–8Holding
The Court declined to interfere with the order rejecting impleadment and disposed of the petition.
It observed that, if the petitioner succeeds before the Land Tribunal, he may pursue any remedies available to him in accordance with law.
Source reference: p. 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131
Original Court PDF
NABISABvsSYED SAB S/O HAJISAB MOPAGAR SINCE DECEASED BY HIS LRS
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
