MULK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) LAND measuring 6 kanal and 16 marla comprised in khasra No. 375, 13 -K 13 -M in khasra No. 381 belonging to the petitioner was acquired by Deputy Commissioner, Collector, Rajouri, respondent No. 2 under Requisition and Acquisition of Immovable Property Act, (for short Act hereafter), at the request of Ministry of Defence. Later on this respondent No. 2 is sued award on March 18, 1987 awarding Rs. 23,650/ - per kanal as compensation. The amount offered by the Collector was not acceptable to the petitioner and as such District and Sessions Judge, Rajouri, respondent No. 3 was appointed as arbitrator under clause B of sub -sec. I read with Sub -Sec. 4 of Sec. 8 of the Act by the State of Jammu and Kashmir, respondent No. 4, under their notification dated January 5, 1988. Respondent No. 2 thereupon requested respondent No. 3 to enter upon the reference and decide the claim of the petitioner. Respondent No. 3 arbitrator under order dated 7.5.1988 has issued notice to the Union of India, respondent No. 1, declaring it as necessary party in the proceedings. The petitioner in this petition has challenged the abovesaid order of respondent No. 3 as unconstitutional void and against law on the ground that whenever any immovable property situate in the State is required by the Union of India, the Union Government makes a requisition for the same on which State of Jammu and Kashmir notifies for requisition of the said property as provided under S. 21 of the Act and in case of any dispute that is considered as a dispute between the owner, whose property is acquired, and the Collector and the State and Union of India is alien to those arbitration proceedings.

(2.) COUNTER to the petition has not been filed by the respondents despite so many opportunities granted for it and ultimately their right to file counter was closed.

(3.) I have heard the learned counsel for the parties. In this case facts have not been disputed. Deputy Commissioner, Collector, Rajouri acquired 19 -K 16 -M of land belonging to the petitioner. Dispute has arisen regarding the amount of compensation awarded by the Collector to the petitioner and the same matter has thus been referred for arbitration to District and Sessions Judge, Rajouri under notification issued by the Government of Jammu and Kashmir on 5 -1 -1988. The arbitrator has issued notice to Union of India declaring it as necessary party. Such point came for consideration of this court in Zamindars of air field Udhampur and others v. Military Estates Officer and other's and same was decided by this court on 22.2.1979 with the following observations :