The General Manager, National Thermal Power Corporation vs Shiva Shankar Sah and Another

Rekha Kumari, J.—These nine Misc. Appeals were placed for hearing under Order XLI Rule 11 of the Code of Civil Procedure. Mr. Mihir Kumar Jha, learned Senior Counsel appearing on behalf of the appellants submitted that the matter relates to the land acquisition cases in which the appellant National Thermal Power Corporation was not party though it was a necessary party in view of the fact that the land was being acquired for the appellant and the enhanced compensation was also to be paid by the appellant. He referred to the judgment passed by the Apex Court in Civil Appeal No. 2780 of 1998 and submitted that in similar matters the cases were remitted back to the concerned Reference Court.

In view of the above judgment of the Apex Court all these appeals are disposed of by setting aside the impugned judgment as well as the Award made by the Reference Court and the matter is remitted back to the Land Acquisition Judge, Bhagalpur who will act in the light of the judgment passed by the Apex Court in the above noted Civil Appeal No. 2780 of 1998.