1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5513 OF 2008 M/s.S.B.Enterprises. ..Petitioner. V/s. Tirandaz Minoo Kasnavia & Ors. ..Respondents. WITH WRIT PETITION NO.5514 OF 2008 M/s.S.B.Enterprises. ..Petitioner. V/s. Arzuman Cyrus Irani & Ors. ..Respondents. WITH WRIT PETITION NO.5515 OF 2008 WITH WRIT PETITION NO.5516 OF 2008 WRIT PETITION NO.5517 OF 2008 WRIT PETITION NO.5519 OF 2008 M/s.S.B.Enterprises. ..Petitioner. V/s. Minoo Faredoon Kasnavia & Ors. ..Respondents. WITH WRIT PETITION NO.5518 OF 2008 M/s.S.B.Enterprises. ..Petitioner. V/s. Abadan Minoo Kasnavia & Ors. ..Respondents. Mr.P.G.Chavan for petitioner. Mrs.S.S.Bhende, AGP for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J 2 DATE : JULY 28, 2008. DATE : JULY 28, 2008. DATE : JULY 28, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. By the impugned Judgment and Order passed in all these cases, two separate applications as were filed by the Petitioners have been rejected by the Reference Court. 3. The first application is for impleading the Petitioners as party to the pending reference proceedings initiated at the instance of the land owners for enhancement of compensation amount specified in the Award dated 15th March, 2000. Insofar as the said application is concerned, the same has been rightly rejected by the Court below. Inasmuch as, the Petitioners who are third parties and not the land owners, cannot insist to be a party in the reference proceeding initiated at the instance of the land owners which claims enhanced compensation amount for the acquired land. In that sense, the Petitioners are neither necessary nor proper party to the pending reference instituted by the land owners for enhanced compensation. The argument of the Petitioners that under the Agreement dated 10th July, 3 1994, the Petitioners have had acquired right to cultivate Asparagus trees standing on the suit land till June, 2000 cannot be the basis for the Petitioners to get themselves impleaded as party to the reference proceeding initiated at the instance of the original land owners. If the Petitioners are anxious to claim higher compensation amount, ought to resort to substantive proceeding, subject to establishing that they are interested person and eligible to ask for enhanced compensation. The Petitioners cannot apply for impleadment in the reference proceeding pending at the instance of the original land owners for enhancement of the compensation amount. 4. The second application preferred by the Petitioners was for initiating reference under section 30 of the Land Acquisition Act for apportionment of the compensation amount determined in the Award, as passed by the Collector-on the assertion that they had right in respect of the Asparagus trees standing on the acquired land in terms of the Agreement dated 10th July, 1994. Section 30 of the Land Acquisition Act however, stipulates that person to whom the compensation amount or any part thereof is payable, have to apply 4 to the Collector to make reference of such dispute to the decision of the Court. The Petitioners instead have directly applied to the Court. If law requires a thing to be done in a particular manner then the action will have to be initiated as per the steps provided by law. 5. Accordingly, no fault can be found with the opinion of the Court below for having rejected both the applications. Indeed, the question whether the Petitioners are eligible persons for initiating a reference is a matter, which will have to be addressed in the proceeding to be instituted by the Petitioners keeping in mind the requirement of Section 30 of the Act and the definition of Section 3(b) and provisions of Section 20(b) of the Act. All questions in that behalf are left open. 6. Accordingly, no interference in exercise of Writ jurisdiction is warranted in the fact situation of the present case. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)