RAMESH PROSAD AGARWAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This appeal is by the referring claimant and it arises out of a proceeding for acquisition of land under the Defence of India Act. The property, sought to be acquired, comprised land and building (structures). The area of the land was 1 bigha 10 cottahs and 14 chataks.

(2.) The Collector's offer was at the rate of Rs. 500 per cottah for the land and Rs. 30,394 for the structures, the total offer coming up to Rs. 17,753 -2 -0 (including statutory allowance) plus Rs. 30,394. The claimant's claim was Rs. 1,500 per colt ah for the land and Rs. 60,274 for the structures. The claimant also claimed statutory allowance of 15 per cent under the law.

(3.) The parties not having agreed on the question of valuation, there was the necessary reference to arbitration and the learned Arbitrator accepted the claimant's contention in part and made an award at the rate of Rs. 800 per cottah for the land, leading to the land's valuation of Rs. 24,016. The Arbitrator's award for the structures was Rs. 37,645 in round figures. The learned Arbitrator also awarded interests on the Collector's amount from the date of acquisition or possession, namely April 15, 1946, upto December 26, 1955, the date of the Collector's award, at the rate of five per cent per annum and, on the balance, also at the same rate from April 15, 1946, till payment. The learned Arbitrator also appears to have left undisturbed the Collector's acceptance of the claimant's claim of 15 per cent statutory allowance.