BIHAR CAUSTIC AND CHEMICALSLTD Vs. RAMESHWAR SHUKLA

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 17th May, 1991 passed by a learned Single Judge of this Court in First Appeal Nos. 188 and 189 of 1991 (R), by which he has held that the appellant is not a 'person interested' within the meaning of Section 3(b) of the Land Acquisition Act (hereinafter referred to as 'the Act') and accordingly the appeals filed by the appellant are not maintainable.

(2.) ADMITTEDLY , the said appeals were filed by the appellant against the judgment and award dated 9th September, 1987 and 17th September, 1987 passed in Reference Case Nos. 4/83 and 10/83 arising out of Land Acquisition Case No. 76/83.

(3.) ON 18.11.1982 a notice under Section 12 of the Act was issued, thereafter the respondents aggrieved by the award, made an application before the Collector for making reference and he made reference under Section 18 of the Act which were numbered as Reference Cases Nos. 4/83 and 10/83. While the reference cases were pending before the Reference Court, on 17.7.1985 there was an agreement between State of Bihar on the one hand and the appellant company on the other, by which the appellant company agreed to pay the entire amount of compensation for the land acquired and further agreed to pay enhanced compensation, if any. The amount of compensation and enhanced compensation both have been paid by the appellant company. The appellant did not appear before the Reference Court. However, when the appellant came to know that the amount of compensation has been enhanced by the Reference Court, the appellant preferred the aforesaid appeals before this Court. The respondent took objection regarding maintainability of the appeals and this Court held that appeals are not maintainable as the appellant is not a 'person interested' in terms of Section 3(b) of the Act.