N.N. Mithal, J. - (1.) In this First Appeal From Order, the State has challenged the correctness of an award given by the arbitrator in a matter referred to him under Section 30, Proviso 1 of the Defence of India Act, 1962. The facts giving rise to the present appeal may be stated thus :
(2.) The Military Estates Officer, Meerut Cantt requisitioned 32.85 acres of land in a village in District Dehradun coming under its jurisdiction by an order dated 18-4-1963 under Section 29 of the Defence of India Act, 1962. Some land with trees, groves and standing crop were taken possession by the Army authorities on 9-5-1963. While certain constructions and buildings were taken possession of on different occasions up to 9-6-1963. Compensation was determined by the Land Acquisition Officer whose award is dated 29th May, 1965. The owners of the requisitioned property were dissatisfied with the amount awarded and they challenged the same and requested the authorities to refer the matter to an arbitrator. It was subsequently referred to the District Judge, Saharanpur as an arbitrator who by his award dated 16th August, 1979 repelled most of the contentions of the claimants but awarded an additional sum of Rs. 4000/- in respect of an unroofed structure. The State being aggrieved by the decision of the District Judge has filed the present First Appeal From Order.
(3.) At the very outset, the learned counsel for the respondents, raised a preliminary objection that the appeal was not maintainable. It may be mentioned that the appeal had been preferred ostensibly under Section 11 read with Section 25 (2) of the Requisitioning and Acquisition of Immovable Property Act (Act 30 of 1952).;