VIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226/227 of the Constitution of India has been filed for directing the respondents to appoint District and Sessions Judge, Bathinda as an Arbitrator for adjudicating the claim of the petitioner.

(2.) The petitioners are stated to be legal representatives of Harnam Singh, who was owner of 43 kanals 6 marlas of land falling in village Bibi Wala, Tehsil and District Bathinda. The land was acquired by the Union of India for defence purposes under Defence of India Act on 9/10/1972. Subsequently the land was acquired on 20/1/1975 under The Requisition and Acquisition of Immovable Property Act, 1952 and it is averred that a meagre sum of money was assessed in lieu of the land acquired.

(3.) Respondents in their written statement mentioned that Harnam Singh had received the compensation without any protest and had attached Form CC (Annexure R-1/1). It is, accordingly, pleaded that once an agreement had been executed under Rule 9 (5) (i), the landowners are not entitled to seek enhancement of the compensation amount. Form 'K' has been appended as Annexure R-1/2.