UNION OF INDIA Vs. B M KRISHNAMURTHY

JUDGEMENT

(1.) This appeal is preferred by the Union of India under Section 11 of the Requisitioning and Acquisition of the Immoveable Properties Act, 1952 (hereinafter referred to as 'the Requisitioning Act'), against the award made by the Arbitrator in a proceeding for the fixation of compensation payable with respect to the land in question requisitioned under the Act.

(2.) For the sake of convenience, as we proceed to state the facts of the case, we may also refer briefly to the statutory provisions relating to the requisitioning of a property. The said Act was enacted on 14-3-1952 to enable the Union of India to requisition/acquire immoveable property if the Competent Authority is of the opinion that the said property is needed or likely to be needed for a public purpose. Section 1(3) of the Act provided that the Act shall remain in force for a period of six years from the date of commencement of the Act. Section 3 thereof conferred the power to requisition the property if it. "is needed or likely to be needed for any public purpose". Section 7 provided the procedure to acquire the requisitioned land and it also laid down the conditions as well, existence of which was condition precedent to empower the land requisitioned to be acquired. Section 8 provided payment of compensation with respect to the property requisitioned. Section 8(2) stated that the compensation payable for the property shall consist of "a recurring payment in respect of the period of requisition of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for the period/'. As noted earlier, the Act was to expire with six years, meaning obviously that the requisitioning was also to end and the recurring payment was only to last for the said period.

(3.) On 27-2-1958, Section 1(3) of the Requisitioning Act was amended and the period of the Act was enlarged to twelve years from six years. Apparently there was an interregnum after the expiry of the 12 years referred to above. Then, the Government of India enacted the Defence of India Act, 1962 clothing the Government pari materia powers under the Requisitioning Act, referred to above.