AMAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal against the award of the arbitrator Shri G. R. Luthra dated 24th February, 1965, appointed under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter called the Act), The appellants are the owners of a property known as dharamshaia. This property is situated opposite Qutab Minar, Mehrauli and bears Municipal No. H5/1 to H5/12. The respondent, the Union of India, requisitioned this property on 15th of March, 1962, under the Act. On 3rd of September, 1962 the respondent derequisitioned that part of the property which bears No. H5/12. The possession of the remaining property T-15/1 to H5/11 was taken on the 19th September, 1962. The property was requisitioned for the students of Maulana Azad Medical College. The owners say that now the property is being used to house mentally retarded persons.

(2.) Compensation could not be fixed by agreement of the partics. The appellants claimed Rs. 1241.66 per month as compensation. The respondent offered Rs. 380.00 per month. The matter was referred to the arbitrator appointed under S. 8 of the Act.

(3.) arbitrator estimated the cost of construction at Rs. l,40,795.00 . The cost of the land was worked out at Rs. 8 per square yard. It came to Rs. 26.344.00 . He also allowed a sum of Rs. 4238.85 on account of improvements. He determined compensation by allowing 8-5/3 per cent per annum at the total cost of the construction and the value of the land. The appellants were held to be entitled to Rs. 545.31 per month as compensation payable to them. In addition to this the arbitrator also allowed 15 per cent in the nature of solatium. This came to Rs. 81.80 nP per month. In all he awarded a sum of Rs. 621.00 per month as compensation. Aggrieved by this award the appellants appeal to this Court under S. 11 of the Act.