UNION OF INDIA Vs. ASKET SINGH

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The facts of the case are glaring. The respondents are the owners of the lands subject matter of these appeals. At the instance of the Ministry of Defence, acquisition proceedings were initiated under the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short "the 1952 Act"). A notice of acquisition under Sec. 7 of the 1952 Act was issued on 26/3/1964 which was published in the State Government Gazette on 3/4/1964. The vesting of the acquired property was complete on publication of the notice in the official gazette.

(3.) The provisions for grant of compensation in respect of the acquired land are found in Sec. 8 of the 1952 Act. The first option provided therein is to fix the compensation by an agreement between the acquiring body and the owners. if there is no such agreement, under clause (b) of sub-sec. (1) of Sec. 8, the Central Government is required to appoint an arbitrator for determining the amount of compensation payable. An offer for payment of compensation was made by the appellants belatedly after 12 years on 16/8/1976. The respondents declined to accept the said offer. Therefore, the Land Acquisition Officer addressed a letter to the Government on 8/10/1976 to appoint an arbitrator. Accordingly, the Additional District Judge, Gurdaspur was appointed as the Arbitrator. Nearly 22 years thereafter on 8/5/1998, the award was declared by the Arbitrator by which he came to the conclusion that the market value of the acquired land was Rs.150.00 per Marla.