TITLE- If references in respect of the same acquisition are heard by the same bench there is no need of further remand by court 

BRIEF FACTS AND PROCEDURAL HISTORY-

1.     The Petitioner has contended for compensation at the rate of Rs.65/per Sq. Yard to the adjacent land owners that is to be granted to him as per the consideration.

2.     The grant is final and special leave petition in reference to it was dismissed.

3.     The appellant is aggrieved by the continuous cases against him so he filed this petition.

4.     He was aggrieved since these cases have been remanded by the high court to the reference court for fresh consideration.

5.     He also filed an application (I.A.NO.2) for Impleadment (to bring (a new party) into an action because he or she is or may be liable to the impleading party for all or part of the claim against that party).

ARGUMENTS RAISED BY PETITIONER-

a)     The petitioner contended that no need of again and again references because references in respect of the same acquisition are heard by the same bench.

b)     The issue of giving compensation at the rate of Rs.65/per sq. Yard to the adjacent landowner is not serious one.

c)     He also contended that it has become final and special leave petition in reference to that is also dismissed.

d)     The granting of compensation consideration cannot be digitally signed by Jayant Arora for IST reason –

The consideration is---------------------------------------

‘’serious dispute that the adjacent land owners have been granted compensation at the rate of Rs. 65/- per sq. yard''. That grant has become final since the appeals and the Special Leave Petitions have been dismissed’’   [1]

ISSUE-  

Ø  Whether petitioner is entitled to the land value at the rate of Rs.65/per sq. Yard?

Ø  Whether he should be given statutory benefits for the period covered by any delay, either before high court or before other courts?

Ø  Whether application for impleadment (I.A.NO.02) will be approved?

RATIO DECIDENI- 

Court has considered argument raised by petitioner while giving the judgement-

                                               i.          References in respect of the same acquisition are heard by the same bench.

                                             ii.          Jayant Arora consideration-----------

That the adjacent landowners will be granted compensation at the rate of Rs.65/sq. Yard.  Grant has become final since the appeals and the Special Leave Petitions have been dismissed

                                           iii.           The decision regard to that has become final and special leave petition in reference to that has been dismissed.

HELD- 

appellant is entitled for the compensation shall also be entitled to all statutory benefits. However the statutory benefit should not be given for the period covered by any delay, other before High Court or before other courts. Application for impleadment is not approved however; liberty is available to the applicant to take recourse to any other remedy without any prejudice. Pending Interlocutory applications, if any, stands disposed of.

THIS, Rule can also be traced from Peerappa Hanmantha Harijan(D) By ... v. State Of Karnataka on 30 July, 2015 case, in this case the appellant filed an application that the order of the Reference Court was given  and again case filed in High Court for remand. The court allowed the application in this case also. So this rule follows is other judgement also.

[1] https://main.sci.gov.in/supremecourt/2016/43117/43117_2016_Judgement_17-Jul-2017.pdf