BALLABH DAS AGGARWAL Vs. UOI

JUDGEMENT

(1.) BOTH these appeals seek enhancement of claim towards rent/compensation of the property bearing No. 4, Tolstoy Marg, New Delhi (hereinafter referred to the aesaid property(E) requisitioned by the Government for running its offices for different periods in accordance with the provisions contained under the Requisition and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Act).

(2.) BRIEFLY stating the facts of this case are that the said property measuring about 13485 sq. ft. was first requisitioned by the Delhi Administration on 07.08.1968 for housing offices of CPWD. On 15.06.1974, the said property was de-requisitioned and to determine the compensation to be paid to the appellants for the aforesaid period, Shri P.L.Singla, ADJ was appointed as Sole Arbitrator. By his award dated 30.04.1973, Shri P.L.Singla held that the appellants were entitled to monthly compensation of Rs. 20,000/- along with Rs. 10,000/- as charges for repairs etc. for restoring the said property to its original shape, approximately as awarded at that time were at Rs. 1.50A per square ft. per month. The period of requisition was 07.08.1968 to 15.06.1974.

(3.) IT is the stand of the appellants that since user of the property was commercial inasmuch as it was used for commercial purpose by the Government for running its offices and the property is situated near the commercial areas, they were entitled to compensation/rent as was applicable to commercial property. IT is submitted that they have also led evidence in this regard.