SANAT KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Rule. is directed against a notice by which certain properties requisitioned under Sub-Rule (i) of Rule 75A of the Defence of India Rules and section 3 of the Requisitioned Land (continuance of powers) Act, 1947 were acquired for the purpose of the Central Government under section 5 of the requisitioned Land (continuance of powers) Ordinance, 1946 (Ordinance XIX of 1946 The Rule is also directed against an award by an arbitrator appointed in exercise of powers conferred by Clouse (b) of sub-section (i) of section 8 of the Requisitioning and Acquisition of Immovable property Act, 1952 read with section 24 of that said Act and section 6 of the Requisitioned Land (continunce of powers) Act, 1947.

(2.) It appear that on March 14, 1942 C. S. plot no. 133 and a portion of the contiguous C. S. plot no. 123 belonging to the petitioner, were requisitioned by the Union of India through the Land Acquisition Collector, 24-pargan as by a notice issued under the provisions of Rule 75 (A), 76 and 78 of Defence of India Rules,

(3.) On the 25th September, 1946 an Ordinance, namely, Requisitioned Land (Continunce of powers) Ordinance 1946 being Ordinance No. XIX of 1946 was promulgated by the Governor General under which all lands requisitioned under the Defence of India Act 1939 were to continue to be requisitioned until the expiry of the Ordinance notwithstanding the expiration of the Defence of India Act and the Rules made there under. Or, the 24th March, 1947 the Requisitioned Land (Continuance of power) Act came into force. By that Act, Ordinance No. XIX of 1946 stood repealed. It was provided, however, by section 3 of the said Act that not with standing the expiration of the Defence of India Act, 1939 and the Rules made there under and the repeal of the Ordinance all requisition lands were to continue to be subject to requisition until the expiry of the Act and the appropriate Government might use or deal with any requisitioned land in such a manner as might appear to it be expedient. Section .10 of the said Act provided as follows :