(Per : MR.JUSTICE M.H.KADRI) Rule. The learned Counsel Mr.N.K.Majmudar waives service of rule on behalf of Opponents No.1 to 5 and Mr.B.Y.Mankad, learned AGP waives service of rule on behalf of Opponents No.6 and 7. By consent, the application is taken up for hearing today.
The applicant Bhavnagar District Panchayat, by filing this application, has prayed to join the applicant as respondent No.3 in Special Civil Application No.468 of 2002, which has been filed by Opponents No.1 to 5, challenging the land acquisition proceedings. It may be mentioned that the State Government having been satisfied that the acquired lands were needed for the public purpose of laying down canal line for the benefit of the applicant District Panchayat issued the notification under Section 4(1) of the Land Acquisition Act, 1894 acquiring the lands of Opponents No.1 to 5. The said notification and subsequent procedure under Section 5(A) of the Land Acquisition Act, 1894 has been challenged by the Opponents No.1 to 5 by filing Special Civil Application No.468 of 2002.
It is an admitted fact that the applicant is an Acquiring Body interested in the outcome of the litigation namely SCA No.468 of 2002. In our view, the applicant is proper and necessary party for the adjudication of the question involved in the petition, and therefore this application deserves to be allowed. The applicant is permitted to be joined as party respondent No.3 in SCA No.468 of 2002 at its own costs. The record of SCA No.468 of 2002 be amended accordingly. Rule made absolute. No order as to costs.
2-4-2002(M.H.Kadri, J.) (K.A. Puj, J.) vinod