SUDHIR CHOUDHIRE Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 17 days in filing the OMP No.340/2006. For the reasons stated in the application, sufficient cause has been shown for condonation of delay. The delay is condoned and the application is allowed. OMP 532/2006 and OMP No.340/2006 (1)These are two petitions filed in respect of challenge to the same award dated 07.06.2006 of Justice S.S.Chadha (Retd.). In OMP No.340 of 2006, the private petitioner has sought relief under Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as the 'said Act') for the original award to be taken on record and for the same to be made Rule of the Court. In OMP No.532/2006, the Government Authorities have challenged the said Award.

(2.) In order to appreciate the nature of the controversy, it is necessary to set out the background. Petitioner no.1 Sh. Sudhir Choudrie, the private party, is the owner of the property bearing no. 11, Lancer Road, Delhi measuring 1125 sq mts. The premises were let out to the government authorities on 06.01.1965 for a period of five years. The lease expired but the property was not apparently handed over and on 06.10.1970 four servant quarters, two garages and four flats in the back forming part of the property were requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. No such notification was issued in respect of the two other flats on the front side. This Act was to lapse on 10.03.1987 but prior to that on 06.03.1987, a notification was issued under Section 4 and 17 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the L. A. Act) in respect of the complete property. It may be noticed that apart from the property in question, 13 other properties were also sought to be acquired vide the same notification. A further declaration under Section 6 of the L. A. Act was issued on 10.03.1987.

(3.) The affected parties filed Civil Writ Petition No.229/1992 challenging the acquisition and in terms of the judgment dated 25.01.1995 of a learned Single Judge of this Court, the complete acquisition proceedings were set aside and the matter was referred to an arbitrator for determining the damages liable to be paid after 10.03.1987. The government authorities carried the matter further in appeal, but the LPA was also dismissed on 22.03.2002 and thereafter the Civil Appeal was dismissed by the Apex Court Vide Order dated 28.04.2004