CHATUSSHAKHIYA BRAHMAVRINDA GAYARAN TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a group of appeals preferred by the claimants, as well as by the Union of India against the decision of the learned Arbitrator appointed under the provisions of the Requisitioning and Acquisition of Immovable Property Act, (Central Act No. XXX of 1952), awarding compensation for several lands that were acquired by the Union of India.

(2.) THE lands that are acquired are out Of Survey Nos. 35, 44, 45, 46, 51, 52, 55, 56, 58. 61. 62. 73 and 118 at Wadala, Taluka and District Nasik. These lands were requisitioned under Rule 75 (a) of the Defence of India Rules, 1959 by notifications issued on 12-1-1943, 8th February 1943, on 2nd December 1943 and on 20th April 1944 for military purposes. By a notification dated 24-8-1955 published in the Government Gazette on 8-9-1955, these lands were acquired under Section 7 of the abovementioned Act. The owners of these lands were informed about the amounts of compensation offered by the Union of India, as per Rule 9 (3) of the Rules framed under the above-mentioned Act. The owners of these lands, however, did not find the compensation offered to be adequate and they required the Government to have the amount of compensation fixed by an Arbitrator. In exercise of the powers of the Central Government under Section 8 (1) (b) of the abovementioned Act, the Central Government delegated to the State of Maharashtra, the power to appoint an Arbitrator by a Notification dated 10-10-1960. Accordingly the State of Maharashtra appointed the Civil Judge, Senior Division, Nasik as the Arbitrator in this case to determine the amount of compensation.

(3.) SOME of the lands acquired are Kharif, some are Rabi and some of them are Bagait i. e. garden lands also. The compensation offered by the Union of India was at the rate of Rs. 400 per acre for Kharif land, Rs. 600 per acre for Rabi and Rs. 900 per acre for Bagait land. No compensation was offered for Kharaba i. e. uncultivable portion of the land.