UNION OF INDIA Vs. ANANTO
LAWS(SC)-2007-3-9
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on March 09,2007

UNION OF INDIA Appellant
VERSUS
ANANTO Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the Letters Patent Appeal, filed by the appellant-Union of India and its functionaries. By the impugned order the view expressed by a learned Single Judge was affirmed.
(3.) The background facts in a nutshell are as follows: A writ petition was filed by the respondent No.1 which was numbered as Civil Writ Petition No. 1345 of 1986. When the writ petition was heard there was no appearance on behalf of the present appellant. It appears that before the writ petition was taken up for hearing by the learned Single Judge the matter was referred to Lok Adalat where an order dated 29.5.2000 was passed. Prayer in the writ petition was to appoint an arbitrator in terms of Sec. 8(i)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952 (in short the Act ). In the writ petition it was stated that the land was acquired on 20.3.1970 and a notice in the Form J was issued. The Notification for acquisition was published in the Official Gazette on 27.3.1970. Writ petitioner claimed to have filed an application to appoint an arbitrator on 11.4.1971. The writ petition was filed after about 16 years i.e. on 6.3.1986 praying for appointment of an arbitrator. On 29.5.2000 a direction was issued by the Lok Adalat to appoint an arbitrator. In the order it was stated that if the Union of India had any objection then an appropriate application could be filed before the High Court for fresh adjudication. On 16.8.2000 an application for recalling the order of the Lok Adalat was filed before the Lok Adalat. The earlier order was recalled and by order dated 25.9.2000 the matter was sent to the High Court for adjudication on merits. As noted above on 23.11.2000 learned Single Judge passed the order directing appointment of an arbitrator in the line of what has been directed earlier by the Lok Adalat. The Letters Patent Appeal was dismissed on the ground that when the matter is referred to Lok Adalat and when after series of discussions before the Lok Adalat and when considerable time was spent and certain terms of settlement were found reasonable by the Lok Adalat, that formed basis of order of learned Single Judge and same was perfectly in order. The appeal was accordingly dismissed.;


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