HARINDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal raises a question of some importance, namely whether compensation in respect of property acquired under the provisions of the East punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948, should res paid in accordance with the provisions of the Land Acquisition Act, 1894 or under the Immovable Property Act, 1953.

(2.) ON 23rd February 1951 the State Government issued a notification under the provisions of the East Punjab Requisitioning of Immovable Property (Temporary powers) Act, 1948, requisitioning a plot of land belonging to His Highness the Raja of Faridkot for rehabilitating the owners of land who had been ousted from chandigarh. Govern-ment took possession of the property on 22nd March 1951 and appointed the District Judge of Ambala as an arbitrator on 29th November, 1952. The arbitrator gave his award on 30th August, 1954 and declared that the owner was entitled to a sum of Rs. l,74,224/5/-by way of compensation. Two appeals have been preferred from this award, one by the owner of the property in which he claims a sum of Rs. 7,43,s85/]3/3 and the other by the State Government in which it is stated that the maximum amount to which the owner is entitled is Rs. 1,12,013/1/6.

(3.) THE East Punjab Requisitioning of Immovable Property (Temporary Powers) Act of 1948 which came into force on 24th November, 1948 declares that in determining the amount of compensation to be awarded for land acquired under the Act the arbitrator shall have regard to the principles set out in Section 23 of the Land Acquisition Act, 1894. This Act was repealed by the Punjab Requisitioning and Acquisition of Immovable property Act, 1953, which came into force on 15th April 1953 and which declares that in determining the amount of compensation regard shall be had only to the principles embodied in Section 8 of the Act of 1953. A person whose property is acquired under the provisions of the Act of 1948 obtains a much higher compensation than a person whose property is acquired under the provisions of the later Act.