TULE RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The lands of the petitioners herein along with certain other people consisting of 26 sets of land were acquired under the provisions of the Defence of India Act, 1962 (hereinafter referred to as the said Act). Compensation was offered to the land owners who were not satisfied with the compensation and thus sought arbitration in terms of sub-Section 2 of Section 37 of the said Act. The learned Additional District Judge who was appointed the arbitrator gave the award on 31.10.1969. Twelve sets of affected persons who were not satisfied filed a CM(M) under Article 227 of the Constitution of India challenging the said award. In terms of the judgment of the learned single Judge of this Court dated 05.01.1981 the award was set aside and remanded back for re-consideration on account of certain evidence not being included for consideration while making the award. It is thereafter periodically that the other owners of the land who had not challenged the award dated 31.10.1969 sought to get even their cases re-opened before the learned Additional District Judge which was not permitted and it is in view thereof that these petitions have been filed under Article 227 of the Constitution of India.

(2.) The question raised in these petitions is limited and arises from the plea of the learned counsel for the petitioners that the land owners who had not approached this court earlier by challenging the award dated 31.10.1969 are entitled to the benefit of the cases being re-opened and a fresh determination taking place in view of the fact that the award was common, cases were consolidated, common evidence was led and thus the provisions of Order 41 Rule 4 of the Code of Civil Procedure, 1908 (herein-after referred to as the said Code) would apply.

(3.) It has to be kept in mind that the procedure prescribed under the said Act is different from the one under the Land Acquisition Act, 1984 (hereinafter referred to as the 'LA Act') and is a complete Code by itself. Section 37 of the said Act which deals with compensation for acquisition reads as under: