PADMASHRI HUMAYUN MIRZA Vs. STATION DIRECTOR AIR

JUDGEMENT

(1.) This appeal is under S.11 of the Requisitioning and Acquisition of Immovable Property Act 1952. The appellant was the claimant before the Arbitrator. The appellant's property known as 'Cubbon House in Cubbon Road, Bangalore, was requisitioned by the Central Govt in order to house the All India Radio station. An amount of Rs.500 per month was offered as compensation to the appellant, but the appellant did not agree that it was the proper compensation. He contended that he was toi receive Rs. 600. per month as compensation. In view of this dispute an Arbitrator was appointed as per the provisions of S.8 of the Requisitioning and Acquisition of Immovable Property Act, 1952, (here in after referred to as the Act). When the master was taken up by the Arbitrator the claimant gave his assessment of compensation at Rs.600 per mOnth from 8-7-1954 to 31-3-1961 at Rs. 1,500 per month from 3-4-1961 to 1-4-1965 and at Rs.2,500 per month From 1-4-1965 to 31-3-1971. He, in support of his assessment relied mainly on the ground that the Corporation authqritieis of Bangalore had fixed the annual letting value on the basis of Rs. 1,500 per mensem from 1-4-1961 and it is common knowledge that rents for buildings in Bangalore and especially in that locality had gone on rising during different periods. It was contended on behalf of the Central Govt that the amount of Rs. 500 per month offered by it was the proper assessment of compensation the appellant claimant was entitled to.

(2.) The learned Arbitrator held that the appellant-claimant could not claim compensation at a ratq higher than Rs.600 per month, which he had claimed at least upto 1-4-1961. He further held that the provisions of the Act did not permit the appellant-claimant to claim compensation at an. enhanced rate for the subsequent period namely front 1-4-1961 on wards He on this basis concluded that the amount of compensation that the appellant-claimant was entitled to, was only Rs.600 per month. It is this 'Award that"is challenged in this appeal.

(3.) In this appeal, the appellant-claiimant ha,s restricted his claim of compensation at the rate of Rs.1,500 per month from 1-4-1861 up-to date. The appellant-claimant has further stated in this appeal that he is satisfied with the Awrd, awarding him compensation at the rate of Rs.600 p.m from 8-7-1954 to 1-4-1961. It is, therefore, now to be seen whether the appellant-claimant is in law entitled to compensation amount of Rs.1,300 per month from 1-4-1961 uptodate.