HIGH COURT OF UTTARAKHAND, AT NAINITAL Review Application No.1055 of 2009 Ministry of Environment & Forest Through its Secretary, New Delhi State of Uttarakhand …Applicant IN First Appeal No.880 of 2001 {Old No.172 of 1984} State of Uttarakhand …..Appellant Versus Maharani Durga Kumari & others …..Respondents Dated:- 16th August, 2010 Hon’ble Tarun Agarwala, J. Heard Mr. V. B. S. Negi, the learned Assistant Solicitor General for the applicant and Mr. S. K. Jain, the learned counsel for the respondents. The land was acquired by the State Government under the Land Acquisition Act for the office of Soil Conservation and Survey of India. The Special Land Acquisition Officer offered some compensation in lieu of the land acquired. The State Government, being aggrieved by the said offer of compensation, made a reference under Section 18 of the Land Acquisition Act, which was duly decided, against which, the State of U.P. filed a First Appeal before the High Court, which was dismissed by a judgment dated 23rd April, 2007 and the cross appeal of the claimant was allowed and the award as passed by the District Judge under Section 18 of the Act was modified. The Review Application has been filed by the Ministry of Environment and Forest through its Secretary, New Delhi alongwith an application under Section 5 of the Limitation Act alleging therein that they are the beneficiaries of the acquisition proceedings and are necessary parties and, since they were not heard, the aforesaid judgment dated 23.04.2007 was liable to be reviewed. In support of this submission, Mr. V. B. S. Negi, the learned counsel for the applicant has relied upon a decision of the Supreme Court in the case of U.P. Awas Evam Vikas Parishad Vs. Gyan Devi 1995 (2) SCC 326, wherein the Supreme Court in paragraph 24 of the judgment indicated that the local authority in whose favour the land was being acquired had a right to appear in the acquisition proceedings before the Collector or before the reference court and adduce evidence for the purpose of determining the amount of compensation and that the said local authority would invoke the remedy under Article 226 of the Constitution of India as well as avail the remedy available under the Land Acquisition Act. In the light of the said decision, the learned counsel for the applicant submitted that the review application filed at the behest of the beneficiary should be considered and should also be allowed. Having heard the learned counsel for the parties, this court is of the opinion that the review application filed by the Ministry of Environment and Forest is patently erroneous and misconceived. Admittedly, the applicant is not aggrieved by the offer of compensation made by the Special Land Acquisition Officer and did not prefer any reference under Section 18 of the Land Acquisition Act. On the other hand, the State Government preferred a reference under Section 18 of the Land Acquisition Act protecting the interest of the authority in whose favour the land was being acquired and, thereafter, the State had filed an appeal under Section 54 of the Land Acquisition Act before this Court against protecting the interest of the beneficiary in whose favour the land was being acquired. The interest of the applicant was safeguarded by the State Government while preferring the appeal. Further, the court finds that the review application filed at the behest of the Ministry of Environment and Forest without an impleadment application cannot be entertained. Consequently, the review application alongwith with the application filed Section 5 of the Limitation Act is misconceived and is rejected. (Tarun Agarwala, J.) Dated 16.08.2010 LSR