RAGHBIR SINGH Vs. PUNJAB STATE
HIGH COURT OF PUNJAB AND HARYANA
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(1.) In order to appreciate the point that arises for decision in F.A.O. No. 15 of 1953 it is necessary to set out the facts of the case so far material.
(2.) By order, Exhibit P. 1, made on the 19th of October, 1949, the District Magistrate Rohtak, in exercise of the powers conferred upon him by section 2 read with section 8 of the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948, hereinafter referred to as the Act, requisitioned the house in suit for the Principal, Government College, Rohtak. For the house requisitioned the amount of compensation could not be fixed by agreement within the section 5(1)(a) of the Act. That being so, the State Government appointed Shri Durga Parshad Sodhi to fix the amount of compensation within section 5(1)(b) of the Act.
(3.) In proceedings before the arbitrator Shri Raghbir Saran claimed compensation at the rate of rupees 200/- per mensem. Ganeshi Lal A.W.1, Partap Singh A.W.2, Ram Rachpal A.W.3 and Lachhman Sarup A.W.4 gave evidence that in October, 1949 the market value of the house requisitioned was rupees 15,000/-. In giving the award the arbitrator has not acted upon the evidence given by Ganeshi Lal, Partap Singh, Ram Rachhpal and Lachhman Sarup.;
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