Indira Banerjee, J. - (1.) THIS appeal under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952, hereinafter referred to as the 1952 Act, is against an award dated 30th March, 2009 passed by the learned arbitrator appointed vide Notification No. 909 -Reqn./2A -7/02 dated 23rd February, 2007, under Section 8(1)(b) of the said Act, in Arbitration Case No. 15 of 2002 (v), in respect of the acquired property of the Respondents, being part of Premises No. 46, Barackpore Trunk Road, Baranagar, Kolkata.
(2.) THE said Premises No. 46, Barackpore Trunk Road, Kolkata, covering total area of 8.94 acres, comprised of CS Plot Nos. 613, 614, 615, 616, 617 and 618 of Mouza - Naina, under Baranagar Police Station in District 24 Parganas, was initially requisitioned on 22nd April, 1942, for defence purposes, under the Defence of India Act, 1939. By a notification dated 3rd March, 1987, the entire property being Premises No. 46, Barackpore Trunk Road, comprising about 8.94 acres was permanently acquired under Section 7 of the 1952 Act.
(3.) PREMISES No. 46, Barackpore Trunk Road was owned by two sets of owners. Plot No. 613, 614, 617 and 618 measuring about 7.16 acres was owned by Mahesh Lal Seal and others whereas Plot Nos. 615 and 616 measuring about 1.78 acres was jointly owned by the respondents in this appeal.;