LALITA PATHANIA Vs. RANDIP SINGH PATHANIA

JUDGEMENT

(1.) THIS order shall dispose of four F. A. Os bearing Nos. 1319, 1320 of 1989 filed by the claimants and 1346 and 1347 of 1989, filed by Union of India against the impugned award of the Arbitrator dated 29-9-1989. The facts are, however, extracted from F. A. O. No. 1319 of 1989.

(2.) BRIEFLY, the facts of the case are that randip Singh son of Amin Chand (since deceased) filed a petition under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short, 'the Act')on 31-5-1989, claiming himself to be sole heir of Amin Chand for determining the amount of compensation of the land acquired by the Union of India vide 'j' Notice no. 101/slac dated 9-3-1970, published in the Punjab Government Gazette dated 13-3-1970, measuring 18 kanals 4 marlas bearing khasra No. 30r/8/2, 9 12/3 and 13/1 owned by late Amin Chand and a share in land measuring 26 kanals 19 marlas bearing khasra No. 30/8/2, 7, 8/1, , 2/1, 239/ 2, 240/2/2, 240/2/3 belonging to Jumla malkan, situated in village Lamini, Tehsil pathankot. It was alleged that the compensation awarded by respondent Nos. 1 to 3 is highly inadequate because even the land of other owners in the village which was acquired by way of same notification has been assessed @ Rs. 350/- per marla in a Letters patent Appeal by a Division Bench of the high Court. It was further claimed that the land Acquisition Collector has ignored the strategic location and relevant sale deeds for assessing the value in respect of the land in question. Besides, Randip Singh also claimed solatium @ 30% per annum and interest @ 15% per annum onwards till payment.

(3.) RANDIP Singh had claimed himself to be sole legal heir of Amin Chand (deceased), on the basis of a Will dated 23-8-1978 vide which he alleged to have got the acquired land and other property situated in village lamini. He filed a writ petition before the high Court for appointment of an Arbitrator which was allowed on 28-7-1986. Consequently, the State Government issued a notification No. 22/l/89-5h (V)/17550 dated 23-5-1989 for appointment of the Arbitrator to determine the amount of compensation and also to specify the person or persons to whom the said compensation is payable in respect of the acquired land.