2013 (4) ABR 26 ::(2013) 4 AllMR 247 (BOM) ::(2013) 4 Mah LJ 762

Bombay High Court

Hon'ble Judge(s): A. M. Khanwilkar, K. K. Tated , JJ

( A ) Maharashtra Regional Town Planning Act (37 of 1966) S. 116 , 113 (3-A) — Land Acquisition Act (1 of 1894) Ss.50, 18 — Reference — Necessary party — Land was acquired for CIDCO — However entire costs of acquisition was to be borne by State Government — CIDCO was acting as agent of State Government — CIDCO cannot be said to be the acquiring body — Payment of compensation to be made by CIDCO was on account of Government in capacity of agent of State Government — CIDCO would not be necessary party in reference. (Paras171819)