UNION OF INDIA UOI Vs. AMAR SINGH

JUDGEMENT

(1.) This is an appeal against a judgment of the First Additional District Judge Meerut deciding a reference under Section 37 (2) of the Defence of India Act, 1962 (briefly stated as the Act).

(2.) In connection with the construction of Hindan Air field at Ghaziabad, the Union of India requisitioned a vast tract of land undes Section 29 of the Act. As the whole of the land was occupied for the work of a permanent nature viz., setting up of an air field, and the same had not been released after the period of requisition, the Government of India accorded necessary sanction for the acquisition of the land permanently under Section 36 of the Act Under subsection (3) of Section 36, notices had been issued to the persons whose lands had been acquired. As a result of the service of notices, the properties stood vested in the Govt. free from all encumbrances. Upon the completion of vesting the proceedings for determination of compensation were taken over under Section 37 of the said Act Under Sub-section (1) of Section 37 compensation was determined. Being aggrieved by the amount of compensation determined in accordance with Sub-section (1) the respondents moved an application to the Central Govt. for referring the matter to an arbitrator. The reference was made to the First Additional District Judge, Meerut. The learned Additional District Judge accepted the reference partly, and enhanced the compensation holding that the respondents were entitled to get compensation at the rate of Rs. 2.60 p. per square yard. Being aggrieved by the enhancement the Union of India baa preferred this appeal under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952. Before discussing the preliminary objection which had been raised to the maintainability of the present appeal it may be pointed out that the respondents owned 1 bigha and fourteen biswas of land in Village Karehra, Fergana Loni, Tehsil Ghaziabad Distt. Meerut. For determining compensation the Special Land Acquisition Officer divided the land into two belts. The land up to the depth of one hundred yards from the edge of Loni Ghaziabad Road was treated as the First Belt and the remaining land in the Second Belt. The Land Acquisition Officer awarded compensation at the rate of Rs. 3,625/- per bigha in the First Belt, and Rs. 2,900/-, in the second Belt.

(3.) Reverting to the preliminary objection the argument of the respondents was that the appeal filed under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 was not maintainable as the acquisition of the land in question had been done under the Defence of India Act 1962 and there was a provision in the Defence of India Act under which the appeal could be filed. The submission was that the appeal was therefore, liable to be dismissed on the ground of non-maintainability.