HAJI HAFIZ TANWAR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, by special leave, arises out of a writ petition filed by the appellant under Article 227 of the Constitution in the High Court of Calcutta for quashing an Arbitrator's award for compensation in respect of certain premises belonging to him which were requisitioned for the period between March 1942 to November 1947 under Rule 75-A of the Defence of India Rules, 1939. The award granted compensation to the appellant at the rate of Rs. 475/- per month for the said period during which the premises remained under requisition as against the appellant's claim for Rs. 6 lacs and odd.

(2.) Certain disputes having arisen as early as 1944, the appellant entered into an agreement, dated January 27, 1944, with the Governor-General in Council. Under Clause (1) of the said agreement the appellant agreed to accept Rs. 475/per month "for the said property in full settlement of the construction for structure" from March 15, 1942 till the Government remained in possession and the requisitioning thereof continued. Clause (5) of the said agreement provided for arbitration by an arbitrator to be appointed by Government in case of any dispute or difference arising out of or concerning the said requisitioned property. It further provided that such arbitration would be governed by the Arbitration Act, 1940.

(3.) It is not disputed that although the said agreement was signed by the appellant it was not executed by any one on behalf of the Governor-General in Council or the Government of West Bengal which had requisitioned the said property on behalf of the Central Government. Even so, the Government paid and the appellant received Rs. 475/- as monthly compensation. According to the appellant, he accepted the compensation at the rate of Rs. 475/per month under protest. According to him, that was the rent he used to receive from his tenant for one of the buildings and the compensation for other structures and premises had not been taken into account.