UNION OF INDIA Vs. NATIONAL INVESTMENT CO LTD

JUDGEMENT

(1.) The Union of India has obtained the present Rules against the preliminary decision of the learned Arbitrator in an arbitration referred to him under Section 8 (1) (b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 that the opposite party No. 1 was entitled to get compensation for the properties covered in the said two disputes. The learned Arbitrator has inter alia held that the West Bengal Estates Acquisition Act, 1953 did not apply in respect of the properties involved in these two cases. Therefore, the two cases before him were maintainable in law.

(2.) In the year 1944, the then Government of India under Rule 75-A (1) of the Defence of India Rules, 1939 had requisitioned the disputed plots of land for the purpose of the Defence of India. The said requisition had been continued under the Requisitioned Land (Continuance of Powers) Act, 1947, thereafter under the Requisitioning and Acquisition of Immovable Property Act, 1952. On June 4, 1959, the Central Government under Section 7 of the said Act acquired the same. No agreement fixing the amount payable for such acquisition could be reached. The Governor of West Bengal in exercise of his powers under Section 8 (1) (b) appointed Sri S.S. Ganguli as the Arbitrator for determining the said compensation and the person or persons entitled to such compensation.

(3.) It is admitted that in March, 1972, a Revenue Officer of the Government of West Bengal had started B. R. Case No. 10 of 1972 for giving an opportunity to the opposite party No. 1 of being heard and for exercising its choice for retention of land under Sub-section (1) of Section 6 of the West Bengal Estates Acquisition Act. On March 23, 1972, the said Revenue Officer allowed the opposite party No. 1 to retain certain lands including the lands which were originally requisitioned under Rule 75-A of the Defence of India Rules, 1939 and was ultimately acquired under Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952. In other words, the State of West Bengal allowed the opposite party No. 1 to retain the lands, which had been acquired on June 4, 1959, the determination of compensation of which was the subject matter of the aforesaid dispute cases before the learned Arbitrator. According to the opposite party No. 1, the authorities under the West Bengal Estates Acquisition Act treated as a raiyati holding the aforesaid plots of land along with other lands at the date of vesting of the intermediary interests.