Inder Singh & Ors. Vs. Union of India & Anr.
EmailAppeal: Civil Appeal No.10271 Of 1995
(Arising out of SLP (C) No.10809 of 1989)
(Arising out of SLP (C) No.10809 of 1989)
Petitioner: Inder Singh & Ors.
Respondent: Union of India & Anr.
Apeal: Civil Appeal No.10271 Of 1995
(Arising out of SLP (C) No.10809 of 1989)
(Arising out of SLP (C) No.10809 of 1989)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 02, 1995
Head Note:
LAND ACQUISITION
Requisitioning and Acquisition of Immovable Property Act, 1952:
Sections 8(b) – Appointment of arbitrator – Determination of compensation – Appellants agreed to receive the compensation and executed ‘K’ Form Agreement as per Rule 9(5)(i) of the Rules – Held that Rule 9(5)(i) would apply to them and they are not entitled under Section 8(b) for appointment of an arbitrator – Appeal dismissed.
JUDGEMENT:
O R D E R
1. Leave granted.
2. The appellant had sought appointment of an arbitrator under Section 8(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The High Court dismissed the writ petition on two grounds, namely, on delay as well as on merits. Thus this appeal by special leave.
3. The Land Acquisition Collector, the competent authority, had passed the award determining compensation at varied rates, namely, Rs.5,000/-, Rs.4,200/- and Rs.2001/- in respect of three different belts of land. Thereupon, 22 persons including the appellants herein had agreed to receive the compensation and executed ‘K’ Form Agreement as per Rule 9(5)(i) of the Rules made under the Act and accepted the compensation without protest. Section 8(b) of the Act requires appointment of arbitrator when there is no agreement between the parties reached on the compensation determined by the Land Acquisition Officer.
4. In view of the above circumstances, the appellants having received the compensation under Form ‘K’ without protest, Rule 9(5)(i) would apply to them and they are not entitled under Section 8(b) of the Act for appointment of an arbitrator.
5. The appeal is accordingly dismissed. No costs.
1. Leave granted.
2. The appellant had sought appointment of an arbitrator under Section 8(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The High Court dismissed the writ petition on two grounds, namely, on delay as well as on merits. Thus this appeal by special leave.
3. The Land Acquisition Collector, the competent authority, had passed the award determining compensation at varied rates, namely, Rs.5,000/-, Rs.4,200/- and Rs.2001/- in respect of three different belts of land. Thereupon, 22 persons including the appellants herein had agreed to receive the compensation and executed ‘K’ Form Agreement as per Rule 9(5)(i) of the Rules made under the Act and accepted the compensation without protest. Section 8(b) of the Act requires appointment of arbitrator when there is no agreement between the parties reached on the compensation determined by the Land Acquisition Officer.
4. In view of the above circumstances, the appellants having received the compensation under Form ‘K’ without protest, Rule 9(5)(i) would apply to them and they are not entitled under Section 8(b) of the Act for appointment of an arbitrator.
5. The appeal is accordingly dismissed. No costs.
