UNION OF INDIA Vs. CHAJJU RAM

JUDGEMENT

(1.) The core question, involved in this batch of appeals which arise from the judgment and order dated 13-9-1982 passed by the High Court of Punjab and Haryana, relates to the constitutional validity of the Defence of India Act, 1971 (The Act) on the premise that absence of any provision for payment of solatium and interest therein for acquisition of land is hit by Article 14 of the Constitution of India.

(2.) The respondents were owners of several tracts of lands situated in or around the town of Bhatinda in the State of Punjab. For the purpose of establishing a military cantonment, the said lands were requisitioned by the District Magistrate, Bhatinda in terms of the provisions of the Act in the year 1971.

(3.) On or about 15-1-1975, proceedings were initiated for compulsory acquisition of the said lands in terms of Section 30 of the Act. The competent authority determined the amount of compensation payable for such acquisition on 28-7-1975. However, the respondents being dissatisfied with the amount of compensation offered to them asked the competent authority to refer the matter to an arbitrator in terms of Section 31 of the said Act. Allegedly, such reference was not made.