RAJENDRA KUMAR Vs. COLLECTOR, INDORE

JUDGEMENT

(1.) THE petitioners, who are the owners of the building situated at 11, Prince Yeshwant Road, Indore have filed this petition under Art. 226 of the Constitution of India with a prayer that the respondents be directed to immediately release the property and determine by agreement within a time specified by this Court, compensation for the period from 7th March, 1985 to 6th March, 1987 and thereafter till the date the possession of the property is returned to the petitioners. It is further prayed that if no agreement is possible the matter may be directed to be referred to arbitration. It has also been prayed that the respondents be also directed to continue to pay compensation at the rate of Rs. 13,170/ -per month which was being paid earlier till the dispute about the revision of the compensation is resolved. The petitioners have also sought the relief that the respondents be restrained from adjusting any amounts from compensation so payable from 1 -5 -1987 onwards.

(2.) THE facts giving rise to this petition, may be stated, in brief, thus: By an order dt. 11 -9 -1969 (Annexure -A) passed under S. 4 of the Requisitioning and Acquisition of Immovable Property Act, 1952, the said building situated at 11. Prince Yeshwant Road, Indore was requisitioned for the purpose of City Post Office. Indore.

(3.) ON the requisition of the said property on 11 -9 -1969, an amount of Rs. 2,950/ - per month was fixed as compensation by agreement between the parties. After this initial fixation of compensation the respondents did not revise the compensation as required by S. 8 (2 -A) of the said Act. The respondents were expected to revise the compensation twice, first in the year 1975 and second time in the year 1980.