NAGENDRA CHANDRA SET Vs. PROVINCE OF BENGAL

JUDGEMENT

(1.) This appeal is by the claimants and is directed against the decision of Mr. J. De, Arbitrator, appointed under the Defence of India Act in case No. 10 of 1944.

(2.) Premises No. 1, Rustamji Parshi Road, measuring 268 cottas together with structures thereon was requisitioned under the Defence of India Rules and possession thereof was taken by the military authorities on December 20, 1941. Some time thereafter the Collector made 'an offer to the claimants to pay compensation at the rate of Rs. 1,020 per month. The basis of this offer was as follows : for the hare land, compensation at the rate of Rs. 3 per cottas and for the structures 5 per cent, on the value, viz., Rs. 40,000 and certain additional amount as compensation for trees, etc. As the claimants did not accept the offer made by the Collector, the question of valuation was referred under Section 19 of the Defence of India Act. The Reference was later registered as Land Acquisition Case No. 10 of 1944, under Section 19 (valuation). The claimants filed a statement of the claim before the Arbitrator, wherein they claimed compensation at the rate of Rs. 2,130 per month. On June 25, 1946,' the arbitrator decided that compensation was payable at the rate of Rs. 1,100 per month. It is the propriety of this decision which is challenged in this appeal.

(3.) Mr. Gupta, appearing for the claimants Appellants, has contended that compensation should be paid at the rate of Rs. 2,130 per month as claimed by the Appellants.