UNION OF INDIA Vs. EFIGINIA AUGUSTA AND ORS.

JUDGEMENT

(1.) These Appeals directed against two Awards made by the Arbitrator in reference made to him under the Requisitioning and Acquisition of Immovable Property Act, 1952, give rise to the same questions of law and can therefore, be conveniently disposed of by a single judgment. Hence, this common judgment.

(2.) A few facts may be stated. In the Appeal No. 29/B/77, the subject matter is the survey no. 1048 of the city of Panjim. By an Order dated 31st May, 1963, a plot of land admeasuring 12,000.00 sq mts. and situate at Altinho, had been requisitioned under the Defence of India Act, 1962 and taken possession of on 9th Sept., 1963. A part of that plot admeasuring 3,906 sq mts. was de-requisitioned and returned to the respondents on 28th Feb., 1973. The remaining area admeasuring 8,094 sq. mts. was de-requisitioned and given back to the respondents on 4th Jan., 1975. The Sub Divisional Magistrate, North Sub-Division fixed an initial compensation of Rs. 1591.86 p and a recurring compensation of Rs. 120.00 per annum. The respondents did not agree with this compensation and therefore, sought a reference of the natter to the Arbitrator. By his impugned Award dated 24th Dec., 1976. the learned Arbitrator directed that in addition to the initial compensation of Rs. 1,591 86 p. further compensation calculated at the rate of 6% per annum on the entire period of requisition on the value of the requisitioned plot assessed at the rate of Rs. 16/- per sq. mt. be paid to the respondents.

(3.) The subject matter of the Appeal No. 87/B/77 is a plot of land ad measuring 4,390 sq mts. situate at St. Inez and within the area of Panjim town. The said plot of land was requisitioned under Order No. 158 to 63 dated 31st May, 1963. The said plot was taken possession of on 12th July, 1963 and de-requisitioned on 17th Jan., 1973. The Stab-Divisional Magistrate, North Sab Division awarded a recurring compensation of Rs. 263 10 p. per annum. Being aggrieved, the respondents filed an application for reference of the matter a 11 claimed a compensation at the rate of annum on sum of Rs 2,19,500.00 as that would have been the price the said prior would have fetched if sold at the time of the requisitioning plus an annual compensation of Rs 2.270.00 on the basis of the income of the trees and also lump sum of Rs. 14 000.00 , on account of damages caused to the property The learned Arbitrator did not grant any compensation on account of damages as wet as on the basis of the income of the trees existing in the said plot He however, ordered that an initial compensation calculated at the rate of 6% per mum for he entire period of requisition on the value of the requisitioned plot at the rate of Rs. 8.00 per sq. mt. be paid to the respondents and that they were not entitled to any recurring compensation.