YASH RANI ROHMETRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the award dated 4-5-1994 passed by the Arbitrator (Ex-Officio District Judge, Jammu), the petitioners /appellants have preferred this appeal under S. 10 of the Requisitioning and Acquisition of Immovable Property Act, 1968 to impugne its correctness and prayed for enhancement of the award. A cross-Appeal bearing No. 130/1994 has also been filed by the respondents for setting aside' the award, whereby the rental compensation has been enhanced by allowing recurring increase after every five years. Out of the totality of the land measuring 16 kanals and 3 marlas containing in Khasra No. 216 located at village Jugwal, Tehsil R. S. Pura, District Jammu, is stated to have been occupied by the Army since 3-1-1973. This land was, however, requisitioned under the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 (hereinafter referred to as "the Act 1968") by the Deputy Commissioner, Jammu on 6-8-1974. The petitioners/appellants claimed that their land being irrigated, the rate of rent paid by the Army is too meagre and it should not have been less than Rs.500/- per kanal per year and worked out annual rent at Rs.8,057/- for the period the land remained in the possession of the Army. When the respondents declined to pay rent at enhanced rate as claimed by the petitioners/appellants, the petitioners filed a writ petition in this High Court, in which a direction was given to the Government to refer the matter under S. 8 of the Act 1968, to the Arbitrator. The District Judge was, however, appointed as an Arbitrator by the Government vide SRO-251 dated 21-8-1991.

(2.) The stand of the respondents before the Arbitrator was that, the rent assessed at the rate of Rs.16/- per kanal per annum for 6 kanals 12 marlas calculated from 3-1-1973 to 2-1-1976 has since been been paid. However, the payment of rent for the remaining land is awaiting the assessment by Tehsildar, R. S. Pura. The Arbitrator, on the contents and contours of the pleadings of the parties, framed the following issues for settlement.

(3.) After the parties have led evidence in support and rebuttal of the issues and hearing the arguments, the Arbitrator made the following award.