UNION OF INDIA Vs. PIA MAJUMDAR

JUDGEMENT

(1.) INSTANT appeal on behalf of the Union of India through Defence Estate Officer of Jharkhand, Orissa and Bihar (JOB) Circle, Danapur, Bihar has been preferred against the Award prepared on 30 -4 -2009 in Arbitration Case No. 2 of 2008 by the sole Arbitrator Hon 'ble Mr. Justice Vikramaditya Prasad (Retd.), under S. 8(1)(B) of the Requisition and Acquisition of Immovable Property Act, 1952 whereby and whereunder, an Award of Rs. 65,98,971/ -has been passed in favour of the claimant/respondent.

(2.) THE brief facts of the case is that an area measuring 2590.91 Acres was requisitioned during the 2nd World War by the Defence Estate Officer, Bengal Circle, Calcutta under the Defence of India Act, 1939 and Rules made thereunder. Out of the total requisitioned land, 82.21 Acres was acquired in the year 1959 by the Defence Estate Officer, Bengal Circle, Calcutta under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land was under the occupation of the Army since it was requisitioned. Army proposed that the said land was permanently required for use of the Army at Ranchi.

(3.) SINCE no Arbitrator was appointed, Writ Petition being C.W.J.C. No. 374 of 1998 (R) was filed in the year 1998 before the High Court of Judicature at Patna, Ranchi Bench, Ranchi for a direction to appoint Arbitrator.