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Allahabad High Court · body

1989 DIGILAW 924 (ALL)

Sub-Divisional Magistrate and Land Acquisition officer v. Prabhu Dayal

1989-12-11

DR.R.R.MISRA

body1989
JUDGMENT Dr. R.R. Misra, J. - The Land Acquisition Officer, Dehradun, on the application of the Militarys Estate Officer, Meerut Circle, Meerut Cantt. requisitioned 73.08 acres of land of villages Rangarwala and Shahpur Sector under Section 29 of the Defence of India Act, 1962 for securing the defence of India and efficient conduct of Military operations. After the said requisition order was passed, the actual possession over the land including trees and crops was handed over to the Military Department on 16-5-63. The possession over 75 buildings standing over the requisitioned land was also delivered on 5-8-83 and of one building on 18-5-63. The Land Acquisition officer has awarded a compensation of Rs. 15,000/- to Sri Prabhu Dayal, claimant-respondent, by his award dated 27-5-65. Aggrieved against the said award, Sri Prabhu Dayal, respondent, filed an application under Section 30 of the Defence of India Act, 1963 read with rules 9 and 10 of the Defence of India (Requisitioning and Acquisition of Immovable Property) Rules, 1962 on the ground that the compensation so awarded by the Land Acquisition Officer, Dehradun was highly inadequate and unreasonable. By the impugned order dated 16-8-79 the Arbitrator has awarded an additional sum of Rs. 7,679.41 as additional compensation to Sri Prabhu Dayal, respondent with interest thereon at the rate of 6% per annum from the date of possession till the date of actual payment. 2. Aggrieved, the Sub-Divisional Magistrate, Dehradun, has filed the present F.A.F.O. in this Court. From a perusal of the record as well as the impugned order I find that the Arbitrator has awarded an additional compensation on the basis of appraisal of evidence before him. He has in detail set out reasons as to why he preferred the evidence of Sri Sant Lal, who has produced on behalf of the claimant, and not of Sri Bateshwari Prasad, Junior Engineer, who has not a qualified Engineer even. A finding has also been recorded to the effect that the detailed estimate prepared by Sri Sant Lal in this case tallies with the details of the house entered in the extract of list of possession produced by the opposite parties itself. It has also been found that coloured cement was used in the floor and that Deodar wood was used in doors and windows etc. Therefore, on the basis of the said estimate of Sri Sant Lal a sum Rs. It has also been found that coloured cement was used in the floor and that Deodar wood was used in doors and windows etc. Therefore, on the basis of the said estimate of Sri Sant Lal a sum Rs. 7,679.41 as additional compensation as stated above has been awarded in the present case by the Arbitrator. Therefore, in passing the impugned order, in my opinion, the Arbitrator has not made factual or legal error. 3. In the result, the first appeal form order fails and is dismissed with costs. 4. The interim order granted by this Court in this case is hereby vacated.