SHYAMALI DAS versus ILLA CHOWDHRY AND ORS.

SHYAMALI DAS versus ILLA CHOWDHRY AND ORS.

Once the reference court has determined that an applicant is not a ‘person interested’ under Section 3(b) of the Land Acquisition Act and the order has attained finality, a subsequent application for impleadment is not maintainable; the court cannot grant interim relief to non-parties in reference proceedings.

Parties
Appellant: Shyamali Das; Respondent No. 1: Illa Chowdhry; Respondent: Respondent No. 2; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
01 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order
Outcome
Appeal dismissed with costs
Legal Topics
Impleadment, Reference Proceedings, Jurisdiction of Reference Court, Interim Orders
Civil Procedure Land Acquisition Impleadment Reference Proceedings Jurisdiction of Reference Court Interim Orders

Case Brief

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Parties

Shyamali Das

Appellant

Illa Chowdhry

Respondent No. 1

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether a second application for impleadment in reference proceedings is maintainable after a prior rejection has attained finality
  2. 2 Whether interim order can be passed in favour of a person not impleaded as party
  3. 3 Jurisdiction and scope of Reference Court under Land Acquisition Act

Ratio Decidendi

Once the reference court has determined that an applicant is not a ‘person interested’ under Section 3(b) of the Land Acquisition Act and the order has attained finality, a subsequent application for impleadment is not maintainable; the court cannot grant interim relief to non-parties in reference proceedings.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Counsel's fee assessed at Rs. 10,000