KAMALABAI HARJIVANDAS PAREKA Vs. T B DESAID

JUDGEMENT

(1.) THE petitioner claims to be the owner of a piece of land and measuring 2 Gunthas 5 annas, out of S. No. 29a at Juhu. The land originally belonged to her husband, and after his death she claim to have succeeded to it be virtue of a will. The respondents have not admitted her title but the questions is hardly material of the points raised in the present petition.

(2.) ON 2nd May 1942, this piece of land was requisitioned for a purposes of the Union under R. 75a (1) of the then existing Defense of India Rules. The notifications (Ex. 1) stated that it was required for military purposes, and it has down now been explained that it was required by for the constructions of a road leadings to the military aerodrome at juhu during the to period of the emergency occasioned by the last war. The owner of the plot was receiving the usual compensation for requisitioning until 29-12-1952, when a notifications was issued under S. 7 of the Requisitioning and Acquistion of Immovable property Act 1952, (XXX of 1952 ). That Act had been enacted by the parliament on the 14th March 1952, and by virtue of S. 24 thereof, it replaced several enactment under which were passed after the operation of Defense of India Rules expired. The notification under S. 7 of the Act said that area at one time was which had been requisitioned and 2nd May 1942, was now being acquired by the government of India from the date of the notifications of under S. 7 and the notifications itself so declared the land to have vested in the central Government.

(3.) CONSEQUENT upon this notifications the only right which the owner of the land had, was to claim compensation, and accordingly, compensation was offered by the collector of Bombay the second respondents to the petition, by his latter dated 20th February 1961 at the rate of Rs. 11 per sq. Vd. According to this valuation, the petitioner would have got Rs. 3080 for the land. The petitioner however wanted compensation for the land at a much higher rate. She claimed by it at the ate of Rs, 100 per sq. Yd. , which would give her an amount of Rs,. . . . . . . . . . . plus the usual 15 per cent solarium for compulsory, Acquistion since there were an agreement, the chief Judge court in the small causes Bombay Mr. T. B. Desai who is the first respondents the to this petition, was appointed the arbitrator under S. 7. The Arbiter gave notice to the petitioners of put in her claim, and also to the third respondents, the Government, of India to the petitioners at the rate of Rs,. 75 per sq. Yard, acquisition and the state offered I it statements compensation at the rate of Rs 11 per sq. Yd. , which according to the said Act. ". the third respondents also denied the petitioners claims for the 15 per solarium for compulsory Acquisition. Before the matter could proceed much further before the Arbitrator. , the petitioners preferred before the present Miscellaneous petition in the this court on 18th September, 1962.