UNION OF INDIA Vs. KRISHEN CHANDER

JUDGEMENT

(1.) THIS appeal is directed against an award passing by the arbitrator (District Judge, Jammu) and arises under the following circumstances:

(2.) ONE Devi Dayal was the owner of the property situate on 19 marlas of land comprised in Khasra No.599 of village Nagrota, tehsil Jammu, That property appears to have been occupied by the Indian Army and vide Cabinet Order No.222 -C of 1955 dated 11.3.1955, the occupation was regularised and the land requisitioned under the Requisitioning and Acquisition of Immovable Property Act (hereinafter referred to as the Act). No agreement for fixation of compensation was reached between the landlord and the Union of India which resulted in the issuance of SRO -375 of 1979 dated 6 -7 -79 vide which the State Government appointed District Judge, Jammu, as an arbitrator to determine the compensation payable to the landlord. Devi Dayal died and his sons Krishen Chander and Prem Nath being the legal respresentatives filed their statement of claim before the arbitrator. Various pleas were raised in the statement of claims. It was also claimed by the claimants that the loss suffered by them was to the tune of Rs. 32,101/ - and that were also entitled to interest at the normal bank rate of 8 percent per annum on that amount. Their claim was resisted by the Union of India on various grounds. The State of Jammu and Kashmir which had also been arrayed as a party, however, did not contest the claim of the claimants. The Union of India while resisting the claims petition did not deny that the Deputy Commissioner, Jammu, had got the loss, suffered by the landlord, assessed at Rs. 18,223/ - On the pleadings of the parties, following issues were raised:

(3.) THE claimants examined Thakar Maharaj Singh, Gain Chand Abrol, Tirath Ram Sharma and Prem Nath claimant also appeared as his own witness. The Union of India, however, did not produce any evidence whatsoever. The learned arbitrator decided issues 1&2 against the Union of India as the same had not been pressed before him. Issues 3,4&5 were decided in favour of the claimants and they were held entitled to an amount of Rs.18,223/ - as per the assessment made by the Deputy Commissioner, Jammu. It was also found by the arbitrator that the said amount had been illegally retained by the army authorities and the claimants were entitled to receive interest on that amount. The interest was got assessed through Punjab National Bank, Jammu, with effect from 15.2.1963 on which date the assessment had been made by the Deputy Commissioner, Jammu and the army asked to pay up the amount. The interest was calculated upto 1.8.1981. That the total amount inclusive, of interest was worked out by the arbitrator as Rs.55,086.98. In addition to this the arbitrator, also held the claimants entitled to solatium (Jabirana) at 15 percent on Rs.18,223/ - as well as interest on the amount of jabirana at the rate of 6 percent per annum. The solatium was worked out1 at Rs.2,733.45 and interest on the solatium at 6 percent per annum tfmch was worked out at.Rs. 3,116/ -. The total amount payable to the claimants was found by the arbitrator as Rs.60,907.45. The Union of India felt aggrieved by the award and filed the appeal.