IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7294 OF 2008 [Arising out of SLP(C) No.16736 of 2006]

RANDHIR SINGH BHALLA .......APPELLANT(S)  

Versus

SPECIAL LAND ACQUISITION OFFICER & ANR.

.....RESPONDENT(S)

O R D E R

Leave granted.  Heard the parties.

2. The appellant has filed W.P. No.1539/1987 on the file of the Bombay High

Court challenging the acquisition of his land.  In the said petition, the third respondent

herein filed an application (Chamber Summons No. 175/2004) for impleadment on the

ground that he wanted to resist the writ petition in public interest.  The High Court by

order dated 24.4.2006 allowed the said application and permitted the third respondent

to be impleaded.

3. The appellant as the dominus litis feels aggrieved. According to him, the third

respondent cannot seek to espouse any alleged public cause in a private interest litigation

challenging acquisition. He also submitted that the third respondent was not a necessary

or proper party to the said proceedings.   

......2.

- 2 -

4. When the matter came up today for hearing, learned counsel for the third

respondent submitted that the pendency of this matter is delaying the hearing of the writ

petition and defeating the purpose of his getting impleaded in the writ petition.  In the

circumstances, he submitted that the third respondent does not have any objection for

the appeal being allowed and his impleadment being set aside. Learned counsel for the

Municipal Corporation, Mumbai also submits that he has no objection for the appeal

being allowed.   

5. We are of the view that the third respondent being neither a necessary nor

proper party to the writ proceedings pending before the High Court, ought not to have

been impleaded as a party.   

6. Accordingly, we allow this appeal and set aside the impugned order dated

24.4.2006.  However, having regard to the fact that the writ petition has been pending

for more than 20 years and the nature of the said writ proceedings we request the High

Court to expedite the hearing and disposal of the writ petition.

  ...........................J.    ( R.V. RAVEENDRAN )

New Delhi;    ...........................J. December 12, 2008.           ( D.K. JAIN )