UNION OF INDIA (UOI) Vs. PROVAT KUMAR BAGCHI

JUDGEMENT

(1.) This Rule was obtained by the Union of India against an award of the Arbitrator fixing monthly compensation of the disputed requisitioned premises at Rs. 744 per month which, on proper calculation, should be Rs. 630 even on the basis adopted by him.

(2.) The learned Land Acquisition Collector fixed the above compensation at Rs. 266 per month on the basis of the monthly rental of Rs. 242 which the property in question was fetching at the time of its requisition. The requisition was made under the Defence of India Act and the matter before us is governed by Sec. 30 of the said Act, the requisition having been made under Sec. 29 of the same.

(3.) There were two portions of the same property, this requisitioned part being one portion. The other portion was requisitioned and compensation was fixed therefore by the learned Land Acquisition Collector at the rate of 36 P. per sq. ft. for the area 312 sq. ft. The disputed property comprises an area of 1,750 sq. ft.