GIRDHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Civil Appeal No. 1710 of 2001 has been preferred by the claimants Girdhari and Ors. whereas Civil Appeal Nos. 1711-1712 of 2001, C. A. No. 1713 of 2001 and C. A. No. 1714 of 2001 have been preferred by the union of India. The learned Additional Solicitor general appearing on behalf of the Union of India does not press the aforesaid appeals and therefore, they are dismissed as not pressed.

(2.) In Civil Appeal No. 1710 of 2001, the facts are that the land in question was requisitioned in the year 1972-1973 and thereafter on 31.3.1987 a notice under Section 7 (1) of requisition and Acquisition of Immovable Properties Act, 1952 (the Act) was issued and which was published in the gazette on 12.11.1987. According to the appellants there was an agreement, and consequently a resolution was passed on 18.9.1989 for payment of compensation at the agreed rate of Rs. 7,000/- per bigha. However, the Collector did not act on the agreement and by his decision of 18.12.1991 he reduced the compensation to Rs. 3,850/- per bigha. Ultimately, the appellants moved the high Court in view of the differences between the parties and by order dated 17.7.1992 the high Court appointed the District Judge, jodhpur as the Arbitrator. By his Award dated 6th June, 1994 the Arbitrator allowed compensation at the rate of Rs. 7,000/- per bigha in addition to solatium at the rate of 10% and interest at the rate of 4% with effect from No vember 12, 1987 till payment. The objections preferred against the Award were also rejected.

(3.) Since payment was not made to the appellants pursuant to the Award, they filed a writ petition before the High Court praying for a writ of mandamus directing enforcement of the Award by payment of compensation. By judgment and Order dated 23.7.1996, the aforesaid writ petition was allowed by a learned single Judge of the High Court. It appears that appeals were preferred against the said judgment by Union of India and the claimants and the appeals came to be disposed of by the impugned judgment and order dated 25.11.1997.