UNION OF INDIA Vs. SMT. URMILA DEVI

JUDGEMENT

(1.) F.A. No.89 of 2009 has been preferred against the award prepared on 30th April, 2009 in Arbitration Case No.3 of 2008 by the sole Arbitrator Hon'ble Mr. Justice Vikramaditya Prasad (Retd.) under Section 8(1)(B) of the Requisition and Acquisition of Immovable Property Act, 1952, whereby an award of Rs.2,38,81,236/ - has been passed in favour of the claimants/respondents. F.A. No.88 of 2009 has been preferred against the award prepared on 30th April, 2009 in Arbitration Case No.1 of 2008 by the sole Arbitrator Hon'ble Mr. Justice Vikramaditya Prasad (Retd.) under Section 8(1)(B) of the Requisition and Acquisition of Immovable Property Act, 1952, whereby an award of Rs.31,83,478/ - has been passed in favour of the claimants/respondents. F.A. No.89 of 2009:

(2.) The brief facts of the case is that the land, measuring an area of 37.72 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. 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.) In the year 1987, the land, mentioned above, was acquired under L.A. MTY (Project Khajatoli) Case No.8 of 1986 -87 along with other lands of adjacent villages, namely, Khijri, Kutiatu, Lodhma and Tumbagutu for establishment of Khojatoli Camp. The property, in question, was acquisitioned in the year 1986 -87, but assessment award was prepared under the signature of the Deputy Commissioner, Ranchi in 1989. Against the amount of award assessed, the interested persons filed objections, which were not considered. Thereafter, a writ petition, being CWJC No.1386 of 1989, was filed in which son of the claimant no.1 was a party in representative capacity. The said writ petition was allowed by order dated 1st November, 1989, directing the Deputy Commissioner, Ranchi to pass an appropriate order after complying the provisions of Section 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952. When the order was not complied, a contempt application was filed and Rs.500/ - was awarded against the Deputy Commissioner. The Deputy Commissioner found no merit in the objection against the award fixed earlier vide order dated 4th March, 1992. The claimants received the amount under protest in the year 1992 and no agreement as required under Form -K was reached between the parties, it was the duty of the Union of India to appoint an arbitrator under Section 8(1)(b) of the Act.