BHAN KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to appoint an Arbitrator for determination of the compensation payable to the petitioners as required under Section 31 of the Defence of India Act, 1971, and the Rules framed thereunder.

(2.) The petitioners were the owners of land measuring 40 Kanals 13 marlas situated in village Mehna, district Bhatinda, which was requisitioned by the Competent authority i.e. the District Magistrate under section 23 of the defence of India Act, 1971, for the purpose of establishment of Military Cantonment in Bhatinda. The compensation payable for the acquisition of land had been fixed in accordance with rule 8 of Regulation and Acquisition of Immoveable Property Rules, 1971, framed under the Defence of India Act, 1971. Notice was sent to the petitioners on June 6, 1975 offering the amount of compensation. Accordingly, the petitioners received the amount of compensation on June 23, 1975. According to the petitioners, they made an application on July 3, 1975, for referring the matter to an Arbitrator for fixing the enhanced compensation for the land requisitioned under the provision of the Defence of India Act, 1971, and the Rules framed thereunder. As the respondents have not appointed the Arbitrator to determine the just compensation, petitioners have filed this Writ Petition.

(3.) In the written statement filed by the respondents, it is mentioned that the petitioners received the amount of compensation without any protest on June 23, 1975, and they had also given a letter stating that they have no objection to the amount of compensation assessed and that they do not want to claim anything more and that they were willing to accept the total amount of compensation assessed and, therefore, the Writ Petition is liable to be dismissed.