UNION OF INDIA Vs. KAULAN DEVI & ORS

JUDGEMENT

(1.) By the medium of this appeal, the appellant has invoked the jurisdiction of this Court in terms of Section 10 of the Jammu & Kashmir Requisitioning and Acquisition of Immoveable Property Act, 1968 (Act No. XXXV of 1968) (hereinafter, for short, Act) and has questioned the award dated 13.01.2009 passed by the Principal District Judge, Kathua in File No.24, whereby compensation came to be enhanced from Rs.4000/- per kanal to Rs.31000/- per kanal with 9% interest (for short, impugned award), on the grounds taken in the memo of appeal.

(2.) Acquisition proceedings came to be drawn in terms of section 7(1) of the Act and the land in question, the description of which is given in the award, was acquired and compensation to the tune of Rs.4000/- per kanal came to be awarded, though not accepted by the respondents herein. An application was moved before the Deputy Commissioner, Kathua for referring the matter to the arbitrator for determination of the compensation, which was not acceded to, and that resulted in filing of OWP No.925/1992, was allowed vide judgment dated 27.05.1993 with a command to the Government to appoint an arbitrator in terms of section 8 of the Act, which was not complied with, constrained the respondents herein to file the contempt petition. Principal District Judge, Kathua came to be appointed as the arbitrator for determining the compensation. Proceedings were drawn by the District Judge/Arbitrator and compensation was enhanced from Rs.4000/- per kanal to Rs.31000/- per kanal. Feeling aggrieved, Union of India-appellant herein has questioned the same by the medium of instant appeal.

(3.) Learned counsel for appellant argued that the arbitrator had to hear and array Union of India through Defence Estate Officer, Circle Jammu as a party in the array of respondents therein, which has not been done, though appellant herein is a 'person interested' in terms of section 2(d) of the Act.