UNION OF INDIA Vs. BANWARI LAL

JUDGEMENT

(1.) This appeal by Union of India is directed against the order of the learned single Judge dated 12th July, 1995, dismissing the objections filed by it under Sections 30 and 33 of the Arbitration Act, 1940 (for short the Act') against the award dated 18th Nov., 1991.

(2.) Facts giving rise to this appeal lie in a narrow compass. Respondent is the owner of property known as 6, Ansari Road, Durya Ganj, Delhi. This property consists of a large plot of land measuring 50.328 sq. ft. in which are situated two main buildings named as Gopal Krishan Bhawan and Radha Krishan Bhawan besides several other constructions like garages, servant quarters etc. 4 flats out of the said property were requisitioned by the Delhi Administration on 27th Sept., 1950 while the remaining portion of the property on 13th March, 1959 under the Requisition and Acquisition of Immovable Property Act, 1952. Before lapse of this Act on 10th March, 1987, a notification under Sec. 4 of the Land Acquisition Act for acquisition of the said entire property was issued on 6th March, 1987. Thereafter, on 10th March, 1987 declaration under Sections 6 and 17 of the Act was published in respect of the entire property. Feeling aggrieved, the respondent filed CWP No. 2385/88 which was allowed by the judgment dated 4th Feb., 1991, and Sh. T.V.R. Tatachari, former Chief Justice of this Court was appointed as sole arbitrator to determine the damages w.e.f. 10th March, 1987 payable by Delhi Administration to the respondent in respect of the property. SLP taken out against the said judgment by the appellant was dismissed by the Supreme Court by the order dated 21st March, 1991. Appellant was, however, allowed time to vacate the property by 31st March, 1993 by the Apex Court. Arbitrator made and published the award on 18th Nov., 1991. Objections filed under Sections 30 and 33 of the Arbitration Act by the appellant against the award were dismissed by the learned single Judge by the order under appeal.

(3.) In terms of the aforesaid award, for the covered area of 28,518 sq. ft., damages have been fixed @ Rs. 15.00 per sq. ft. per month. For the larger open spaces X-1, X-3 and X-4 as shown in the sketch on page 470 of the arbitration file, damages have been assessed Rs. 10.00 per sq. ft. per month while for the smaller open spaces X-2 and X-5 @ Rs. 7/- per sq. ft. per month. The property had been considered as commercial instead of residential for assessing the damages at the said rates.