DURGA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an applica-tion under Article 226 of the Constitution directed against the State of Uttar Pradesh and Sri M. M. Ansari, District Judge of Unnao, who has been appointed also as an arbitrator under Section 6, Requisitioned Land (Continuance of Powers) Act, 1947 (Act 17 of 1947). The contention is that the appointment of Sri M. M. Ansari as an arbitrator in the dispute for compensation which has arisen between the applicant and the State of Uttar Pradesh is illegal and ultra vires. The prayer, therefore, is for the issue of a writ of prohibition against the opposite parties restraining them from proceeding further with the proceedings for the determination of the amount of compensation payable to the applicant. The relevant facts are as follows :

(2.) The applicant is the owner of the premises known as "Gopal Niwas" situated in the Civil Lines of the city of Unnao. It was requisitioned by the District Magistrate of Unnao on 13-8-1943, under E. 75A, Defence of India Rules. The order of requisition is as follows :

(3.) As regards the compensation payable to the applicant the State Government acting under Section 6, Requisitioned Land (Continuance of Powers) Act, 1947, first appointed Sri Babu Ram Verma, the then District Judge of Unnao, as an arbitrator on 17-3-1950. Sri Babu Ram Verma was transferred from Unnao and by the order dated 10-9-1951, Sri M. M. Ansari, the present District Judge of Unnao, has been appointed as the arbitrator. The order runs as follows: "In supersession of Notification No. A-456-XXV/CX dated 17-3-1950 and in exercise of the powers conferred by Section 6, Requisitioned Land (Continuance of Powers) Act, 1947 (Act XVII [17] of 1947) the Governor of Uttar Pradesh is pleased to appoint Sri. M. M. Ansarj, District Judge, Unnao, vice Sri Babu Ram Verma transferred, as arbitrator under Section 19 (1) (b), Defence of India Act, 1939 (Act XXXV [35] of 1939), for determining the amount of compensation, if any, payable to the owner of the building known as 'Gopal Niwas,' Civil Lines, Unnao." A copy of this order was forwarded to the applicant as the owner of the house.