LAWS(P&H)-1963-1-32

STATE OF PUNJAB Vs. MELA RAM

Decided On January 07, 1963
STATE OF PUNJAB Appellant
V/S
MELA RAM Respondents

JUDGEMENT

(1.) The Punjab State by a notification dated 14th December, 1949 requisitioned 10 biswas and 16 biswansis of land comprising Khasras Nos. 1365/581 and 1366/581 situate on G.T. Road Ludhiana, belonging to Mela Ram, under Section 2 of the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1947, (Punjab Act No. XVII of 1947). Subsequently, the Punjab State acquired the aforesaid property under Section 3 of the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948 (East Punjab Act No. XLVIII of 1948). The owner's efforts to persuade the State Government to appoint an arbitrator under Section 5 of the said Act proved futile which led him to file writ petition No. 1070 of 1957 (Mela Ram V/s. The State of Punjab). This petition was accepted and a direction issued to the State of Punjab to proceed to arbitrate according to East Punjab Act No. XLVII of 1948 as amended by the President's Act No. 2 of 1951 in the matter of compensation in regard to the petitioner's acquired land.