Case Note & Summary
The High Court allowed two Writ Petitions challenging orders of the Reference Court in a land acquisition reference case. The Petitioner, sought impleadment of additional parties including the Communidade of Bambolim and the Land Acquisition Officer. The Reference Court had dismissed the impleadment application, holding that the parties had nothing to do with the reference. The High Court held that Section 20 of the Land Acquisition Act, 1894 imposes mandatory notice requirements on the Reference Court. The Court found that the Communidade of Bambolim, as the original occupant against whom tenancy rights were claimed, and the Deputy Collector who passed the Award, were necessary parties under Section 20. Relying on Supreme Court precedent, the Court emphasized that Section 20 provisions are mandatory. The impugned orders were set aside, and the Reference Court was directed to implead the necessary parties and proceed with the reference determination.
Headnote
The High Court of Bombay at Goa allowed two Writ Petitions filed by the Petitioner, challenging orders of the Reference Court in Land Acquisition Case No. 9/2011 -- The Court held that the Reference Court's dismissal of the impleadment application was contrary to the mandatory provisions of Section 20 of the Land Acquisition Act, 1894 -- The Court emphasized that Section 20 requires mandatory notice to the Applicant, all persons interested in the objection, and the Collector where compensation quantum is disputed -- The Communidade of Bambolim, as the original occupant and landlord against whom tenancy rights were claimed, was a necessary party under Section 20(b) -- The Deputy Collector, Land Acquisition, who passed the Award, was a necessary party under Section 20(c) -- The Court relied on the Supreme Court precedent in Rajmani v. Collector, Raipur (1996) 5 SCC 701 which held Section 20 provisions to be mandatory -- The impugned orders dated 18.09.2025 and 06.12.2025 were set aside, and the Reference Court was directed to implead the necessary parties and proceed with the reference
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Issue of Consideration: The Issue of Consideration was whether the Reference Court erred in dismissing the Petitioner's application for impleadment of additional parties in a land acquisition reference case
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Final Decision
The High Court allowed both Writ Petitions, set aside the impugned orders dated 18.09.2025 and 06.12.2025, and directed the Reference Court to implead the Communidade of Bambolim and the Deputy Collector, Land Acquisition as necessary parties in Land Acquisition Case No. 9/2011
