MANGAL SEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against an award made by an arbitrator appointed under section 7 of the Resettlement of Displaced Persons (Land Acquisition) Act 60 of 1943, bereinatter to be called the Act. The appeal winch should ordinarily have been heard by a Single Bench, was ordered by the Hon'ble the Chief Justice to be placed before a Division Bench for reasons mentioned in his order dated October 26,19137 and that is how it was laid before us.

(2.) Sub-section (4) lays down that save as provided in this section, nothing in any law for the time being in force shall apply to arbitrations under this section. As there was no agreement between the appellant and the State Government the latter appointed Shri K.S. Sidhu, a Subordinate Judge in Delhi, as arbitrator who made his award on September 23,1960 whereby he fixed the compensation at Rs. 908 as against the sum of Rs. 38330/12 claimed by the appellant.

(3.) The present appeal is for the enhancement of comipensation and has been filed under sub-section (3) of section?. The memorandum of appeal is stamped with a fixed court fee of Rs. 5.25.