SRINIVAS RAMNATH KAMAT BAMBOLKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) A Division Bench of this Court by its judgment dated March 21. 1984 allowed First Appeal No. 3 of 1977 preferred by the Union of India and set aside the award dated November 29, 1976 made in respect of a plot of land initially requisitioned under the Defence of India Act, 1962 and derequisitioned on June 28, 1973 after The Requisitioning And Acquisition of Immovable Property Act, 1952 (for short 'Requisition Act') came into force 'so far as it pertained to the additional initial compensation awarded.'

(2.) WHILE several grounds were raised for reviewing that judgment, we do not think any of them merits consideration except the ground that no appeal lay to the High Court against the award of an arbitrator made in a requisition made under the Defence of India Act. The Defence of India Act does not provide for an appeal against an award made thereunder. But this contention is raised having regard to the fact that while the Defence of India Act had expired on January 10, 1968, the award was made on November 29, 1976 in respect of a plot of land requisitioned by the Government under that Act and de -requisitioned on June 29, 1973, after the Requisition Act came to be applied to this requisition. It is urged that though the award was made when the Requisition Act was in force it was in respect of land requisitioned under the Defence of India Act, hence no appeal lay to the High Court.

(3.) SECTION 25(1) creates a fiction of law that whatever requisitions were made under the Defence of India Act shall be deemed to be requisitions made under the Requisition Act. Thereafter, it makes all provisions relating to compensation made in the Requisition Act applicable to those requisitions. However, having created this fiction under Section 25(7), proviso (a) thereof excludes compensation already determined under the Defence of India Act from being determined afresh under the Requisition Act, but makes that payable for the period subsequent to January 10, 1968 as well, that is, the date the Defence of India Act ceased to be in force. Sub -section (/)(b) creates a further fiction with regard to anything done or any action taken by Central Government or by any officer as one done under the Requisition Act. In view of Sub -section (2) of Section 25, the Defence of India Act ceases to operate on and from January 10, 1968, except in so far as it is saved by Sub -section (/) of Section 25, and Section 6 of the General Clauses Act, 1897, is made applicable upon such cessation as a repeal of the Defence of India Act by the Requisition Act. The effect of applying Section 6 of the General Clauses Act is that the cessation of the Defence of India Act shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under the Defence of India Act or affect any investigation, legal proceedings or remedy in respect of any such right, privilege or obligation, Notwithstanding such cessation any remedy under the Defence of India Act can be instituted, continued or enforced as if the Requisition Act had not been passed. Thus notwithstanding the repeal of the Defence of India Act, the requisitions under the Defence of India Act would have continued and the awards in respect thereof also would have been passed under the Defence of India Act, which did not provide for any appeal. But, Sub -section (2) even, while laying down that the provisions of the Defence of India Act and the rules made thereunder cease to operate from January 10, 1968, saved what was provided otherwise under Sub -section (/) of Section 25. The cumulative effect of Sub -section (2) is, while continuing the requisitions made under the Defence of India Act even after it ceased to operate, to the extent Sub -section (1) of Section 25 created a fiction that they shall be deemed to be requisitions made under the Requisition Act, provided otherwise and made the provisions of the Requisition Act applicable to the awards made in respect of such requisitions. Unless the requisitions made under the Defence of India Act were continued by creating such a fiction, the lands requisitioned under that Act could not continue with the Government after that Act ceased to be in operation. By virtue of the fiction created by Sub -section (1) of Section 25, from January 10, 1968 onwards the lands requisitioned under the Defence of India Act became lands requisitioned under the Requisition Act, In our view, once this fiction is created by the Repealing Act, for all purposes the provisions of the Repealing Act would apply including the remedies provided under the Act. Just as compensation had to be determined and awarded under the Requisition Act for land requisitioned under the Requisition Act and an award so made was subject to an appeal to the High Court, so also for land requisitioned under the Defence of India Act which is deemed to be a requisition under the Requisition Act, an award was to be made and that award also would be similarly subject to an appeal to the High Court. If the requisition made under the Defence of India Act is deemed to be a requisition under the Requisition Act, there is no warrant to limit the operation of that fiction only to the extent of requisition and not apply it to the award made in respect of such requisition. Office the award is deemed to be made under the Requisition Act, it would be subject to an appeal under Section 11. of the Requisition Act.