UNION OF INDIA Vs. SHANKARI DEVI

JUDGEMENT

(1.) These appeals are directed against orders dated 20.05.2002 passed by the Division Bench of the Punjab and Haryana High Court which declined to interfere with the interlocutory orders passed by the learned Single Judge in the first appeals filed by the Appellants against award dated 23.05.2000 passed by the arbitrator appointed pursuant to the direction given by the High Court in Civil Writ Petition No. 1339 of 1986.

(2.) Harbans Lal (since deceased), husband of Respondent No. 1, had one-half share in 33 kanals 16 marlas land situated in village Nangal, Tehsil Pathankot. In 1965, the Government of India took possession of the land by invoking the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short, "the Act"). After five years, the land was acquired vide notification dated 13.3.1970 issued under Section 7(1) of the Act and some compensation was paid to the deceased. Feeling aggrieved by smallness of the amount of compensation, some of the land owners sought reference to the arbitrator. The Government of India appointed an arbitrator but the claim of Harbans Lal was not referred to him. In 1986, Harbans Lal joined the left out land owners and filed Civil Writ Petition No. 1339 of 1986 for appointment of an arbitrator to determine the amount of compensation. The writ petition was allowed by the Division Bench of the High Court and a direction was issued for appointment of an arbitrator.

(3.) In compliance of the order of the High Court, District Judge, Gurdaspur was appointed as an arbitrator. After analyzing the pleadings of the parties and evidence produced by them, the arbitrator passed award dated 23.05.2000, the operative portion of which reads as under: