GAFFAR DOOM Vs. STATE

JUDGEMENT

(1.) THIS is a petition for issuing a writ of mandamus, directing respondents 1 and 2, to appoint an arbitrator and refer to him the dispute relating to entitlement of the compensation and its apportionment between the petitioner and respondents 3 to 5, in terms of Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1968, hereinafter referred to as the Act. The petition arises in the following circumstances.

(2.) IN the year 1965, land measuring 19 kanals and 14 marlas comprising Khasra Nos. 479/8 kanals 13 marlas and 655/10 kanals and 11 marlas was requisitioned by Government of India for extension of Aerodrome. This land is situated in village Kerwa, Damodhar, Tehsil Badgam. Latter on, vide SRO No. 148 dated 9 -3 -1972, the Government acquired this land, Respondents 3 to 5 herein in response to the notification issued by the Govt. in this behalf, appear before it and put in their respective claims to the compensation. The case of respondents 3 to 5, before the competent authority, namely respondent No. 2 herein was, that they were tenants qua the land acquired. Whereas respondent No. 5 claimed tenancy right over khasra Ne. 479, respondents 3 and 4 claimed the same right in respect of Khasra No, 655. As the parties could not agree to the apportionment of the compensation, the proceedings before respondent No. 2 lingered on. The petitioner made applications to respondents 1 and 2 requesting them to refer for arbitration the dispute between the rival claimants in terms of sub section 4 of section 8 of the Act, but with no result. He has now come up with this petition seeking a writ or direction against respondents 1 and 2 to appoint an arbitrator to settle the aforesaid dispute between the petitioner and respondents 3 to 5.

(3.) I have heard the learned counsel for the parties and have also gone through the record. The admitted case of the parties is that Khasra No. 655 was mortgaged by father of the petitioner in favour of late A.N. Kak, a noted lawyer of the State and this mortagage came to be redeemed by a decree passed" by City Judge, Srinagar on 29 -6 -1985. Similarly land comprising Khasra No. 479 was mortgaged by the father of the petitioner, with one Mohd. Mir and this mortgage was also redeemed by a decree of the court of City Judge, Srinagar on 11 -11 -1969. The dispute which is being raised in this petition, is now confined to Khasra No. 655 as respondent No. 5 who claimed to have tenancy right over the other Khasra No. viz 479 has stated in his objections that he does not claim any such right over the said land.