Land Acquisition- 'Persons Interested' Include Those Who Have Stake In Compensation Proceedings :Calcutta HC

In a significant ruling, the Calcutta High Court has held that 'persons interested' in land acquisition proceedings include, not only persons who have interest in the acquisition proceedings but also those, who have interest in the consequential compensation proceedings. In this backdrop, the private Respondents had argued that Shrachi being a 'mere financer' was not a party interested in the land acquisition proceedings and as such it was not a necessary party in the proceedings for enhancement of compensation. It clarified that if the intention of the legislature were to confine the words 'persons interested' in land acquisition proceedings to the requiring body or the land‐losers but not the 'financer', "the language used in Section 3 and Section 20 would not be so comprehensive as to bring within its fold all persons interested in the compensation itself, if it arises from an acquisition proceeding." It held, "To ascertain whether a juristic entity is a 'person interested', one has to see through the process to the source of finance and not merely the paying hands, which unerringly point to Shrachi being more interested in compensation even than BDA, whereas BDA might be arguably a more interested party in the acquisition proceeding itself.