Randhir Singh Bhalla
Vs. Special Land Acquisition Officer & ANR. [2008] INSC 2153 (12 December
2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 7294 OF 2008 [Arising out of SLP(C) No.16736 of
2006] RANDHIR SINGH BHALLA .......APPELLANT(S) Versus
ORDER
1.
Leave
granted. Heard the parties.
2.
The
appellant has filed W.P. No.1539/1987 on the file of the Bombay High Court
challenging the acquisition of his land. In the said petition, the third
respondent herein filed an application (Chamber Summons No. 175/2004) for
impleadment on the ground that he wanted to resist the writ petition in public
interest. The High Court by order dated 24.4.2006 allowed the said application
and permitted the third respondent to be impleaded.
3.
The
appellant as the dominus litis feels aggrieved. According to him, the third
respondent cannot seek to espouse any alleged public cause in a private
interest litigation challenging acquisition. He also submitted that the third
respondent was not a necessary or proper party to the said proceedings.
4.
When
the matter came up today for hearing, learned counsel for the third respondent
submitted that the pendency of this matter is delaying the hearing of the writ
petition and defeating the purpose of his getting impleaded in the writ
petition. In the circumstances, he submitted that the third respondent does not
have any objection for the appeal being allowed and his impleadment being set
aside. Learned counsel for the Municipal Corporation, Mumbai also submits that
he has no objection for the appeal being allowed.
5.
We
are of the view that the third respondent being neither a necessary nor proper
party to the writ proceedings pending before the High Court, ought not to have
been impleaded as a party.
6.
Accordingly,
we allow this appeal and set aside the impugned order dated 24.4.2006. However,
having regard to the fact that the writ petition has been pending for more than
20 years and the nature of the said writ proceedings we request the High Court
to expedite the hearing and disposal of the writ petition.
...........................J.
( R.V. RAVEENDRAN )
...........................J.
New
Delhi;
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