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1991 DIGILAW 45 (SC)

Surinder Singh Sibia v. State of H. P.

1991-01-23

N.D.OJHA, S.C.AGRAWAL, S.RANGANATHAN

body1991
ORDER : 1. In the writ petition, Rule Nisi was issued on 29-7-88. 2. There has been debate before us on IA 1.0 regarding the compensation that is payable to the petitioner in respect of the property requisitioned by the Government. Both parties are now agreed before us that the petitioner is entitled to a revision with effect from 29-8-84. As by this date a period of five years had elapsed since the date of the original requisition of the premises the petitioner is entitled under the statute to seek a revision thereof. The Deputy Commissioner had determined a revised enhanced compensation to be paid to the petitioners, but according to the Government, this could not have been done by him and the proper method of determining the revision can be only by arbitration. In view of this, both parties agree that the question of the compensation payable for the premises in accordance with the terms of the Act with effect from 29-8-84, may be referred to the arbitration of an arbitrator to be appointed by the State Government in terms of Section 9(1) of the Himachal Pradesh (Requisition of Immovable Property) Act, 1987. We, accordingly, direct that the question of the rent or compensation payable to the petitioner should be revised in the light of the decision to be given by an arbitrator to be so appointed within a period of one month from today. The arbitrator should give his award in respect of the same within a period of four months after entering on the reference. 3. Having regard to the fact that this application practically disposes of the effective controversy between the parties, the writ petition itself is disposed of in the above terms. However, if the property is not restored to the petitioner at the end of the period of 10 years provided under the Act, it will be open to the petitioner to take appropriate proceedings to enforce his rights in regard to the property. Order accordingly.