ATMA RAM Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The claimants have come up in appeal against the award of the District Judge, Chandigarh dated March 31, 1980.

(2.) The State of Punjab acquired the disputed land detailed in the Schedule appended to the notification dated November, 1952 issued under Section 2 of the East Punjab Requisitioning and Acquisition of Immovable Property (Temporary Powers) (Act 48 of 1948) (hereinafter referred to as the Act). The Act was replaced by East Punjab Requisitioning and Acquisition of Immovable Property Act (Act 11 of 1952). The compensation for the acquired property could not be fixed by agreement necessitating a reference to the arbitrator under the Act. The arbitrator was not appointed for more than two decades. Ultimately, vide notification dated June 3, 1975, the District Judge, Chandigarh was appointed as an arbitrator under Section 8(b) of the East Punjab Requisitioning and Acquisition of Immovable Property Act, 1952 for assessing the compensation of the acquired property. He vide his award dated March 31, 1980 allowed compensation in respect of land measuring 206 Bighas 7 Biswas at the rate of Rs. 60.48 per Bigha plus solatium @ 15% thereon plus interest @ 4 per cent per annum on the amount awarded from the date of acquisition.

(3.) The land in dispute was first requisitioned for the settlement of the Capital oustees in connection with Capital of the State and thereafter acquired for the Capital Project. The land appears to have been acquired for the extension of the Industrial Area. This case reveals a horrowing tale of the landowners whose land had been compulsorily acquired under the Act. The compensation payable to the landowners could not be assessed by agreement and reference was to be made to the arbitrator for assessing the compensation. It took more than 24 years for the State Government to appoint the arbitrator. The arbitrator was required to render the award within a specified period and since he could not do so, he asked for extension of time and extension was granted after considerable delay. The arbitrator ultimately rendered the award on March 31, 1980.