Case Note & Summary
The petitioner, Baliram Khushal Bodhe, filed a writ petition challenging an order of the Special Coal Tribunal, Nagpur, which rejected his application (Exh.10) to be joined as a party respondent in Compensation Case No. 27 of 2016. The Tribunal had recorded a finding that the petitioner had no right or interest in the property (Gat No. 270/1) owned by respondent No. 3, Kishor Chintaman Bodhe, and therefore was not a necessary party. The High Court observed that the question of whether the petitioner has any right or interest in the property is required to be decided on merits by the Tribunal only after the petitioner is permitted to be joined as a non-applicant in the compensation proceeding for apportionment. The Court noted that in another case (Compensation Case No. 22 of 2016) concerning Gat No. 270/2, the petitioner had already been permitted to be joined as a party. The High Court held that merely because the petitioner is permitted to be joined as a party does not mean that his entitlement to compensation is established; the Tribunal will have to go into that question on merits. Therefore, the Tribunal could not have dismissed the application at the threshold. The writ petition was allowed, the impugned order was quashed, and the application for impleadment was allowed, permitting the petitioner to be joined as a non-applicant in the proceeding.
Headnote
A) Civil Procedure - Impleadment - Necessary Party - The question of whether a person has any right or interest in the property is required to be decided on merits after he is permitted to be joined as a party, not at the stage of deciding the impleadment application - The Tribunal erred in rejecting the application for impleadment by recording a finding on the merits of the claim - Coal Bearing Areas Acquisition and Development Act, 1957, Section 14(2) (Paras 2-3).
Issue of Consideration
Whether the Special Tribunal could reject an application for impleadment on the ground that the applicant has no right or interest in the property, without first allowing him to be joined and then deciding the issue on merits.
Final Decision
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 quashed and set aside. The application at Exh.10 is allowed. The petitioner is permitted to be joined as a non-applicant in the said proceeding.
Law Points
- Necessary party
- Impleadment
- Right to be heard
- Compensation proceedings
- Coal Bearing Areas Acquisition and Development Act
- 1957
