DEPUTY COMMISSIONER Vs. SHRI MANIYA KOCH AND ORS.

JUDGEMENT

(1.) THESE appeals involve the same question of fact and law and arise out of a common award dated 18.8 82 passed by the learned District Judge, Kamrup at Gauhati as Arbitrator appointed under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952, hereinafter called 'the Act', by which the present Respondents were allowed enhanced compensation for acquisition of their lands. The appeals heard together are disposed of by this common judgment.

(2.) THE Respondent in each of the appeal had sometime in the year, 1963 his land requisitioned under the Defence of India Act, 1962. The properly later in the year, 1969 was acquired under Section 7 of the Act, while the properly bad continued to be under requisition since 1963, even after the operation of the Defence of India Act was withdrawn with effect from 10.1.68. In view of the insertion of the provision in Section 25 of the Act w.e.f. 10.1.68 it was stipulated that any immovable property, which had been requisitioned under the Defence of India Act and which had not been released from such requisition before 10th January, 1968, shall from that date be deemed to have been requisitioned under the provisions of this Act, i.e. the Requisitioning and Acquisition of Immovable Property Act, 1952. The property which was thus requisitioned in the year, 1963 under the Defence of India Act, 1962 and had continued to be under requisition until 10.1.68 when the operation of the Defence of India Act was withdrawn was to continue to be under requisition under the Act after that date. After the property was acquired under Section 7 of the Act, the Deputy Commissioner, Kamrup allowed compensation for the three categories of land at the rate of Rs. 5000/ - Rs. 7,000/ - and Rs. 10,000/ -per bigha. On the request of the Respondents the State Government had appointed the District Judge, Kamrup as Arbitrator under Section 8(1)(b) of the Act. The Arbitrator after considering the evidence for the parties by the award dated 18.8.82 allowed compensation at the enhanced rate of Rs. 7,000/ -, Rs. 8,500/ - and Rs. 11,000/ - per bigha respectively and also interest @ Rs. 6% per annum on the compensation amount from the; date of notification of acquisition, until payment.

(3.) I have considered the submissions for the parties.