IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 953 OF 2009 IN FIRST APPEAL NO. 1241 OF 2002 Konkan Railway Corpn. Ltd. .......... ...Applicant/Intervenor. V/s State of Maharashtra & Ors. ..... ..... ...Respondents. Ms.S.V.Gajare AGP for the State. Mrs.Jayashri Akolkar i/by Ms.Asha Bhambhawani & Kelkar, Adv. For the intervenor. CORAM: A.P.DESHPANDE, J. 18th FEBRUARY, 2009. PC: Heard learned advocates for respective parties. By the present application the applicant/intervenor-Konkan Railway Corporation Ltd. is seeking its impleadment as party- appellant in the First Appeal. It is stated that the land in question was acquired for the benefit of the Corporation. However the Corporation was not impleaded as party before Reference Court. It is submitted that the Corporation for whose benefit the land is acquired is a person interested and has right of hearing more so when the amount of compensation is to be increased. Learned counsel for State-appellant No.1 has no objection for impleadment of the Corporation as appellant No.2. In the result application is allowed. Applicant is permitted to be impleaded as appellant No.2 in the First Appeal. Application allowed and disposed of. Amendment to be carried out forthwith. 18.2.2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1241 OF 2002 WITH CIVIL APPLICATION NO. 5542 OF 2008. 1)State of Maharashtra 2)Konkan Railway Corpn. Ltd. .......... ...... Appellants. V/s Ahamad Baba Kapadi & Anr. .. ..... ..... ...Respondent. Ms.S.V.Gajare AGP for the State. Mrs.Jayashri Akolkar i/by Ms.Asha Bhambhawani & Kelkar, Adv. For Appellant No.2. CORAM: A.P.DESHPANDE, J. 18th FEBRUARY, 2009. PC: By consent of parties appeal is taken up for hearing and final disposal. Heard learned advocates for respective parties. The suit land came to be acquired under the provision of Land Acquisition Act for the benefit of appellant No.2-Konkan Railway Corpn. Ltd. The Corporation was not impleaded as party in the reference proceedings before the learned Civil Judge, Senior Division, Ratnagiri. While passing an award the trial court has enhanced the compensation and aggreived thereby State Government has filed the present appeal. During pendency of the appeal Konkan Railway Corpn. Ltd. Has applied for its impleadment as appellant NO.2 and the said application has been allowed. 2. Learned counsel for the appellant submits that the Corporation for whose benefit land is acquired is necessary party and had a right of being heard in the proceedings before the reference court. The grievance is that the amount of compensation has been enhanced without affording an opportunity of being heard to the appellant. It is submitted the Corporation is person interested. Reliance is placed on a judgment reported in the case of M/s.Neyvely Lignite Corpn. Ltd. V/s Special Tahsildar (Land Acquisition) Neyvely & Ors., AIR 1995 SC 1004. Interpreting the phrase “person interested” the Apex Court has held in the said judgment that the Corporation or legal authority in whose benefit the land is acquired is the person interested and if not impleaded is entitled to file an appeal against an enhanced award. As the appellant No.2 was denied opportunity of being heard in the matter of enhancement of compensation the impugned award is rendered in breach of principles of natural justice requiring it being quashed and set aside. In the result appeal is allowed. The impugned award passed in Land Reference No.72/95 dated 27.7.2001 is quashed and set aside. Matter is remanded back to the Reference Court for de-novo trial. The applicant before the Reference Court shall implead Appellate No.2-Konkan Railway Corpn. Ltd. As party-respondent in the proceedings and the trial court shall proceed to decide the Land Acquisition Reference in accordance with law after affording an opportunity to the Corporation of being heard. Parties to bear their own costs. At this stage learned counsel for respondent prays for withdrawal of the amount which is deposited in the reference court. No orders in that regard are being passed. However it shall be open for the respondent to make an application before the reference court for withdrawal of the amount. Appeal together with civil application stand disposed of accordingly. 18.2.2009