UNION OF INDIA versus SHER SINGH AND ORS.

UNION OF INDIA versus SHER SINGH AND ORS.

The Union of India is entitled to be impleaded as a respondent in compensation enhancement proceedings under Section 18 of the Land Acquisition Act, 1894 because it is directly affected by the quantum of compensation and thus qualifies as 'a person interested'; the definition is to be liberally construed.

Parties
Appellant: Union of India; Respondents: Sher Singh and Others
Jurisdiction
India
Judgment Date
28 January 1993
Procedural Posture
Civil Appeal / Appeal From Order of High Court Dismissing Revision; Appeal to Supreme Court
Outcome
Appeal allowed
Legal Topics
Person Interested, Impleadment, Compensation Enhancement
Land Acquisition Person Interested Impleadment Compensation Enhancement

Case Brief

Summary, issues, holding and outcome

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Parties

Union of India

Appellant

Sher Singh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of High Court Dismissing Revision; Appeal to Supreme Court

Legal Issues

  1. 1 Whether Union of India is a necessary and proper party to be impleaded in compensation enhancement proceedings under Section 18 of Land Acquisition Act, 1894
  2. 2 Scope of 'any person interested' under Section 18 of Land Acquisition Act, 1894

Ratio Decidendi

The Union of India is entitled to be impleaded as a respondent in compensation enhancement proceedings under Section 18 of the Land Acquisition Act, 1894 because it is directly affected by the quantum of compensation and thus qualifies as 'a person interested'; the definition is to be liberally construed.

Court Disposition

Appeal allowed

Orders

  • Order of High Court dated 24.5.1989 set aside
  • Application of Union of India for impleadment allowed