ALI HUSSAIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner owned a bungalow No. 15 situated at Generals Road, Mhow in which the respondent No. 1 was a leasee. In exercise of the powers conferred on repondent No. 1 by Governer General's Order No. 179 dated 12.9.1836 the respondents served a notice on the petitioner for resumption of the aforesaid bungalow. The respondents also offered compensation of Rs. 11,237/- (Annexure P/1). The petitioner accepted the offer under protest. The petitioner, thereafter, addressed prodigious number of notices to the respondents for constitution of Arbitration Committee to assess proper valuation of bungalow No. 15 on 28.11.1991(Annexure P/5) the respondent No. 2 wrote to the petitioner as under :-

(2.) In compliance of the aforesaid direction, the petitioner submitted the application. However, on 15.12.1992 the respondent No. 2 vide (Annexure P/6) rejected the application saying that such a request was not fit for acceptance at that belated stage. It further stated that the appointment of Committee was a matter of grace and respondent No. 1 was under no legal obligation to appoint such a Committee. Aggrieved by this attitude, the petitioner has filed this writ petition.

(3.) The respondents have filed the reply opposing the relief contained n the petition.