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2004 DIGILAW 57 (SC)

NTPC LTD. v. SURENDRA PRASAD JHA

2004-01-14

H.K.SEMA, S.N.VARIAVA

body2004
ORDER 1. In these appeals, the appellants were the body on whose behalf the land was acquired. The appellants had not been made parties before the Reference Court and the Reference Court by its award has enhanced the compensation. Application made by the appellants to review the award was rejected by the Reference Court. The appellants then filed revision petitions a in which the High Court has passed the impugned order dated 24-2-1998 stating that these revisions should be treated as appeals under Section 54 of the Land Acquisition Act. 2. We have today, by a separate judgment in Civil Appeal No. 2780 of 19981, held that the body on whose behalf the land is acquired is a necessary and proper party before the Reference Court. We have held that an awardpassed in their absence is required to be set aside and the matter be remitted back to the Reference Court. For reasons set out in that judgment, we dispose of these appeals by setting aside the impugned judgment as well as the award made by the Reference Court. We remit the matter back to the Reference Court with the same directions as given in the judgment passed in Civil Appeal No. 2780 of 1998. 3. The appeals stand disposed of accordingly. No order as to costs.