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1995 DIGILAW 845 (SC)

Seeto Devi v. Union of India

1995-07-28

A.M.AHMADI, S.C.SEN

body1995
ORDER : Special leave granted. 2. This group of appeals arises out of the requisitioning of the property under Section 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter called the 'Act)'. Section 8(1) next provides that where any property is requisitioned or acquired under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set out therein. The methodology provided is that either the compensation may be determined by agreement between the parties but where no such agreement is possible the Central Government is expected to appoint an Arbitrator to determine under Sub-rule (3) the person concerned will within 15 days of the receipt of the offer communicate in writing to the competent authority his acceptance or otherwise of the offer. If he accepts the offer the competent authority shall enter into an agreement in Form-K. If, however, he does not acceptance or otherwise of the offer, the competent authority shall as soon as may be submit to the Central Government a Report indicating the area of difference between him and the concerned property owner and return the record and deposit the amount offered. Admittedly, in the instance case, no agreement in Form-K was executed by and between the parties. In fact, the case of the appellants is that they had accepted the amount sent to them under protest to which there is no demur and, therefore, they did not sign the agreement in Form-K which was sent to them. In the circumstances, it is obvious that the Government ought to have appointed an Arbitrator to determine the compensation payable to the claimants. That having not been done, the claimants have been denied due compensation. 3. In the result, we allow these appeals, set aside the impugned orders of the High Court and direct the Central Government to appoint an Arbitrator under Section 8(1)(b) of the Act. They may do so within three months from today. There will be no order as to costs. Appeal dismissed.