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2. The lands belonging to the original claimants/original landowners/appellants herein were acquired under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as “KIAD Act, 1966”) under three different notifications. The lands were sought to be acquired for the development of the Karnataka Industrial Areas Development Board (hereinafter referred to as “KIADB”) for establishment of industrial areas. The Land Acquisition Officer after affording an opportunity of hearing to the owners of the land passed an award on 06.10.2009. At the instance of the landowners, the references were made to the Reference Court. The Reference Court vide judgment dated 29.07.2020 enhanced the amount of compensation. 2.1 Feeling aggrieved and dissatisfied with the judgment and award passed by the Reference Court dated 29.07.2020, enhancing the amount of compensation, respondent No.1 herein – MRPL, who was allotted the land as a lessee by the KIADB, preferred the present appeals before the High Court and prayed for leave to appeal. It was the case on behalf of the MRPL that as the MRPL is the beneficiary of the acquisition and under the agreement between the KIADB and MRPL, the latter has to pay the additional amount of compensation and, therefore, the burden to pay the additional compensation would be upon the MRPL, therefore, MRPL ought to have been heard by the Reference Court. It was the case on behalf of the MPRL that MRPL can be said to be a “person interested”. Heavy reliance was placed upon the decisions of this Court in the case of Himalayan Tiles and Marble (P) Ltd. Vs. Francis Victor Countinho (Dead) By LRs', (1980) 3 SCC 223; UP Awas Evam Vikas Parishad Vs. Gyan Devi (Dead) by LRs. and Ors., (1995) 2 SCC 326; Neelagangabai & Another Vs. State of Karnataka & Others, (1990) 3 SCC 617; and Neyvely Lignite Corporation Ltd. Vs. Special Tahsildar (Land Acquisition) Neyvely and Others, (1995) 1 SCC 221.

“Director of Settlements, A.P. Vs. M.R. Apparao, (2002)

4 SCC 638 (para 7); Rashmi Metaliks Ltd. Vs. Kolkata Metropolitan Development Authority, (2013) 10 SCC 95 (para 7) and Bir Singh Vs. Mukesh Kumar, (2019) 4 SCC 197 (para 30).

3.9 Making the above submissions, it is prayed to allow the present appeals.

4. Present appeals are vehemently opposed by Ms. Shalini Sati Prasad, learned counsel appearing on behalf of the respondent No.1 – MRPL.

4.1 It is submitted by learned counsel appearing on behalf of the respondent No.1 – MRPL that the present appeals raise the question as to whether respondent No.1 – MRPL can be said to be a “person interested” for the purpose of Section 18(1) of the Land Acquisition Act, 1894 and consequently, whether the respondent No. 1 was a proper party in the proceedings before the Learned Reference Court. It is submitted that as such there is no infirmity in the impugned judgment and order passed by the High Court as the High Court has relied upon the direct judgments of this Court in the case of UP Awas Evam Vikas Parishad (supra) and Himalayan Tiles and Marble (P) Ltd. (supra). 4.2 Learned counsel appearing on behalf of the MRPL has vehemently submitted that the MRPL can be said to be a “person interested” for the purpose of Sections 18 and 20 of the Land Acquisition Act and Section 29(4) of the KIAD Act, 1966 and therefore was a proper party in the proceedings before the Reference Court.

4.3 It is submitted that there is no requirement under Section 28(1) or Section 28(4) of the KIAD Act, 1966 to make a statement in the notification as to the specific company for which the land is intended to be acquired. It is submitted that even otherwise in the agreement between KIADB and the MRPL, liability to pay the enhanced amount of compensation would be upon the MRPL and therefore, before enhancing the amount of compensation, the Reference Court ought to have heard the MRPL. That the MRPL cannot be made liable to bear the financial burden of the enhanced awarded amount without a fair chance of contesting the enhancement by the Reference Court. Therefore, the High Court has rightly remanded the matter to the Reference Court to provide the MRPL, who is a “person interested”, an opportunity to be heard before awarding the enhanced amount of compensation to the landowners.

4.7 It is further submitted that as such and being well aware that the land had been acquired for the MRPL, the appellants herein in fact had impleaded MRPL as a party respondent in their petition challenging the acquisition before the High Court. Therefore, thereafter in the references made for enhancement of compensation, the landowners ought to have impleaded the MPRL, being an affected and proper party. 4.8 Learned counsel appearing on behalf of the MRPL has further submitted that MRPL cannot be made liable to bear the financial burden of the enhanced amount of compensation without being given a fair chance of contesting the enhancement of the amount of compensation. Reliance is placed upon paras 22 and 41 of the case of UP Awas Evam Vikas Parishad (supra). It is submitted that the ratio of this Court in the case of UP Awas Evam Vikas Parishad (supra) in paras 22 and 41 has not been considered and distinguished by this Court in the case of Peerappa Hanmantha Harijan (supra). It is submitted that therefore, even if it is presumed that the respondent No. 1 - MRPL does not have any right to be impleaded in the proceedings before the learned Reference Court, the principles of natural justice and the doctrine of legitimate expectation would be attracted so as to ensure that the respondent No. 1 – MRPL is not rendered remediless while being burdened with the financial implications of the orders passed by the learned Reference Court in the absence of any opposition to the enhancement.