JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. The Special Tribunal constituted under Section 14(2) of the Coal Bearing Areas Acquisition and Development Act, 1957, has rejected application Exh.10 filed in Compensation Case No. 27 of 2016, by the petitioner for joining him as party respondent in the said claim petition, recording the finding that so far as the property owned by the respondent No. 3 Kishor Chintaman Bodhe is concerned i.e. Gat No. 270/1, the petitioner has no right or interest in the property and therefore, he is not a necessary party. 3. The question as to whether the petitioner has any right or interest in the property i.e. Gat No. 270/1 is required to be decided on merits by the Tribunal only after the petitioner is permitted to be joined as non-applicant in Compensation Case No. 27 of 2016, which is for an apportionment. In another case i.e. Compensation Case No. 22 of 2016 in respect of Gat No. 270/2, the petitioner has already been permitted to be joined as party. Merely because the petitioner is permitted to be joined as respondent or non-applicant in the proceeding for compensation that by itself does not mean that his entitlement to get compensation is established. The Tribunal will have to go into this question and record the findings on merits. The Tribunal could not have, therefore, dismissed the application. The order impugned needs to be quashed and set aside. 4. In the result, the writ petition is allowed. The order passed below Exh.10 on 20.09.2016 by the Special Tribunal at Nagpur in Compensation Case No. 27 of 2016 is hereby quashed and set aside. The application at Exh.10 is allowed. The petitioner is permitted to be joined as non-applicant in the said proceeding. The question of entitlement is kept open to be decided by the Tribunal. Rule is made absolute in above terms. No order as to costs.