JAYANT KARNAD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the parties.

(2.) A piece of land measuring an area of 4. 46 acres, bearing M. S. plot Np. 557 of ward No. 7 (old), situated at Morhabadi, ranchi owned and possessed by one B. M. Lakshman Rao, maternal grand-father of the petitioner situated contiguous tp the land requisitioned by the Army was forcibly occupied by the authorities of the Army in the year 1943 but the occupation of the land was admitted by the Army only with effect from 1-4-1946, that too without there being any settlement of compensation. As the property was occupied forcibly by the personnel of the Army, the said B. M. Lakshman rao went to agitating the matter. Ultimately army personnel agreed in the year 1957 to grant recurring compensation @ Rs, 446/-per annum from 1-4-1946 to 30-3-1960. In course of time, when the value of the land increased considerably, the said B. M. Lakshman Rao took up the matter for enhancing recurring compensation to the extent of Rs. 3600/- per annum which was enhanced to Rs. 3600/- with effect from 1-4-1963. Before said B. M. Lakshman Rao died in the year 1966 he had executed a Will in favour of his son B. M. Mukund Rao, who brought a case of Probate, bearing case No. 67 of 1969 in the Court of Judicial Commissioner, Chotanagpur, Ranchi, who granted probate in favour of said B. M. Mukund Rao. Thereupon compensation which was due from 1963 to September, 1970 was paid on 3-9-1970. However, in the year 1974, the said B. M. Mukund Rao filed an application making request to release the property in his favour. When nothing was done in the matter, an application was filed by him for enhancing the compensation to the extent of Rs. 12,000/- per annum and also made request to release the land. But respondent No. 2 did not agree for enhancement of compensation though recommendation had been made for the same. Thereafter compensation was enhanced @ Rs. 5000/-per annum with effect from 1-2-1978 but no decision was taken by the authority regarding release of the property in favour of him, as a result of which, B. M. Mukund rao on his superannuation started living at pune. When the wife of B. M. Mukund Rao pre-depeased her husband issueless, B. M. Mukund Rao started living at Jamshedpur with his sister Malati Rao Karnad, who also died on 14-1-1991. Thereafter said B. M. Mukund Rao started living with the petitioner at Jamshedpur and at some times at pune, who ultimately died on 4-9-1998 without leaving any Will. Under this situation, petitioner being sole successor to the estate of the deceased, asked for payment of arrears of compensation which had fallen due to be paid from the year 1998 and also made prayer before the authorities for release of the property but nobody made any response and, therefore, this writ application has been filed with a prayer to direct the respondent to pay arrears of recurring compensation due since 1998 @ Rs, 5000/- per annum and also for release pf the property in terms of Section 6 (1-A) of the Requisitioning and acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the Act' ).

(3.) FROM the counter affidavit filed on behalf of the respondents it appears that it has been admitted that the land in question was occupied on 1-4-1946 as the same was contiguous to other reqsitioned property. Still it has been pleaded that since the property had been occupied by Army at the time when the Defence of India Rule, 1939 was in force and as such, the petitioner is not entitled to any relief in terms of the provisions of Requisitioning and Acquisition of Immovable property Act, 1952.