RAM NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) A hangover of the hey day of Article 31 permeates the controversy in these two appeals. The attempt is to salvage something from the debris of repealed Art. 31 by the Constitution (Forty-fourth Amendment) Act, 1978. In Re Civil Appeal No. 922/71:Ramnath, the appellant, who is now dead took on lease a plot of land bearing No. 64 Block L, Daryaganj, Delhi admeasuring 590 sq. yards from Delhi Improvement Trust under Exh. A-4 dated February 10, 1942. The period reserved under lease was 90 years. The appellant paid Rupees 10,253/- as initial premium and had to pay recurring half-yearly rent in the amount of Rs. 102-8-6 under the agreed terms and conditions of the lease. On payment of Rs. 10,253/- the initial payment, the appellant was put in possession. in Re Civil Appeal No., 923/71:Appellant R. S. Ram Pershad since deceased took on lease two plots of land bearing No. 66-67 in Block L, Daryaganj, Delhi from the Delhi Improvement Trust. The appellant executed a registered lease deed dated March 9, 1943 in respect of plot No. 66 and with respect to Plot No. 67, the transaction was through an oral sale dated May 1, 1942. Each plot admeasured 590.1 sq. yards. The appellant was put in possession of both the plots.

(2.) The Chief Commissioner of Delhi issued the notification No. F.6 (3) 50 R and R dated December 15, 1950 under Section 3 of the Resettlement of Displaced Persons (Land Acquisition) Act 1948 ('1948 Act' for short) for acquiring the plots of both the appellants. An arbitrator was appointed as envisaged by Section 7 (1) (b) of the 1948 Act to assess the compensation. Both the appellants and the Union of India appeared before the arbitrator and the compensation was determined by the arbitrator.

(3.) Both the appellants preferred two separate appeals against the award of the arbitrator in the then High Court of Punjab at Delhi. On the formation of the High Court of Delhi both the appeals came up before the Division Bench on two different dates. The Division Bench following the decision of the Full Bench in the Union of India v. Smt. Mohinder Kaur ILR (1969) Delhi 1154 dismised the appeals but granted a certificate under Article 133 (1) (c) of the Constitution. Hence both these appeals by certificate.