GANDHARAV SAIN Vs. PUNJAB STATE

JUDGEMENT

(1.) The property of the appellant, Gandharav Sain, was requisitioned by the State of Punjab by two notifications dated 30th October, 1953, and 21st April, 1954, under the Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (hereinafter referred to as the Punjab Act). Subsequently, vide notification dated April, 1963, the property in dispute was acquired under Section 7(1) of the Punjab Act. The appellant not being satisfied with the flat rate of Rs. 420 per kanal, which was the compensation awarded by the military authority acting as the Collector, the matter was taken to the District Judge, Jullundur, as an arbitrator under the Punjab Act. The District Judge allowed double the value of the property as on the date of the requisition as provided under clause (b) of sub-section (4) of Section 8 of the Punjab Act. Sub-section (4) of Section 8 is as under :-

(2.) The corresponding provision in the Requisitioning and Acquisition of Immovable Property Act, 1952 (Central Act No. 30 of 1952) is sub-section (3) of Section 8. That is exactly in similar terms as sub-section (4) of Section 8 of the Punjab Act. The provisions in clause (b) of sub-section (3) of Section 8 of the Central Act came for consideration before the Supreme Court in Union of India v. Kamlabhai Harjiwandas Parekh and others, 1968 1 SCR 463and this clause (b), was struck down as ultra vires of Article 31 of the Constitution, as it existed before the Fourth Amendment of the Constitution in 1955, and it was held as under :-

(3.) In that case also the arbitrator had determined the value under clause (b) and the appeal was accepted and the matter remanded to the arbitrator to determine the compensation in accordance with clause (a). In this connection see also the subsequent decision of the Supreme Court in Harinarayan and others v. Union of India and another, 1972 2 SCC 874. It may be mentioned here that the Central Act has since been amended by the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1968, by which clause (b) has been omitted and clause (a) has become sub-section (3) of Section 8.