UNION OF INDIA Vs. BHAJAN LAL

JUDGEMENT

(1.) Has the learned Single Judge erred in directing the Union of India to appoint an arbitrator to determine the compensate., due to the respondent-landowners Should the Court interfere despite the fact that me Union of India has not paid any compensation to the land-owners for the last 30 years This is the issue. A few facts may be noticed.

(2.) The Central Government requisitioned land measuring 64 kanals 16 marlas situate in village Sarah, Tehsil Ballabgarh, District Gurgaon. On November 14, 1967, the land was acquired under Section 36(2) of the Defence of India Act, 1962. Despite the lapse of almost 20 years, no compensation was assessed or paid. No arbitrator was appointed. Aggrieved by the inaction, the landowners approached this Court, through a petition under Article 226 of the Constitution praying that a writ in the nature of mandamus be issued directing the Union of India etc. to pay the compensation in accordance with law.

(3.) The claim made by the land-owners was resisted on the ground that it was barred by limitation. According to the present appellant, any person aggrieved by the decision of the competent authority could make an application in writing for reference of the matter to the arbitrator within 30 days of the receipt of the communication. Since the landowners had failed to make such an application within the prescribed time, they were not entitled to any relief as prayed for by them.