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Judgment
Ravi S. Dhavan, C.J.—Cause shown is sufficient. The order dismissing the case in default is recalled. The revision is restored to its origin number (C.R. No. 1655/2002).
The only issue in the present revision is that whether at the time of execution the Power Grid Corporation of India Ltd. (hereinafter referred to as the Corporation) was wrongly kept out from the proceedings as not being a necessary party.
The matter relates to the land acquisition proceedings. In so far as the acquisition of land is concerned, it was undertaken in the exercise of sovereign powers in favour of a corporation which generates electricity. The Power Grid Corporation of India is a successor in interest to the National Thermal Power Corporation.
By law should any amount have to be adjusted depending upon how the award will be modulated, it cannot be said that the Petitioner Corporation has no interest in the proceedings.
In the circumstances that the Petitioner (the Corporation) should be kept out of the proceedings even at the execution stage is an illegal order.
Accordingly, the order dated 13th September 2002 in L.A. Execution Case No. 1 of 1991, Smt. Ranjana Tuddu v. State of Bihar and Ors. is set aside. Let the Petitioner Corporation (Power Grid Corporation of India Ltd.) be impleaded as a party in L.A. Execution Case No. 1 of 1991 on its application.
Thus, the revision stands allowed.