HARIPUR FARMERS SYNDICATE LTD Vs. UNION OF INDIA
LAWS(CAL)-1976-8-18
HIGH COURT OF CALCUTTA
Decided on August 26,1976

HARIPUR FARMERS SYNDICATE LTD. Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

PROVINCE OF BENGAL V. SHYAMAPADA BANERJI [REFERRED TO]
STATE OF WEST BENGAL V. KISSAN CHAND KOCHAR [REFERRED TO]
BHARAT NATH MITRA V. RAMSWAROOP SAROGI [REFERRED TO]
NARESH CHANDRA BOSE V. STATE OF WEST BENGAL [REFERRED TO]


JUDGEMENT

- (1.)This revisional application under Article 227 of the Constitution of India is directed against the Order No.35 dated March 26, 1973 passed in Arbitration case No.7 of 1971 (valuation) by the Arbitrator, 24-Parganas and Calcutta.
(2.)C.S. Plots Nos.6, 9, 10, 11, 43 and 86 of Mouza Haripur, P.S. Habra, District 24 Parganas with standing structures and trees thereon had been requisitioned under Rule 75A of the Defence of India Rules made under the Defence of India Act, 1939 or on about April 25, 1942. The said plots of lands were subsequently acquired under S. 5(1) of the Requisition of Land (Continuance of Powers) Act, 1947 on October 16, 1947. The Collector of 24 Parganas (North) made assessment of compensation in respect of the acquisition of the said plots of land in the name of the recorded tenants. It has been stated by the petitioners that the Collector never communicated the said assessment of compensation in respect of the said acquisition of land to the petitioners, M/s. Haripur Farmers Syndicate Limited. The petitioners, however, on coming to know of the said assessment of compensation made in the name of wrong persons applied to the Collector of 24 Parganas (North) for reference to arbitration for determination and apportionment of compensation payable for the acquisition of the said portions of the said lands with trees and structures thereon. The petitioners also stated therein that they took settlement of the said lands on the basis of three registered pattas dated 16.9.37, 21.3.38 and 12.5.38 from the landlords and they had been in possession of the same in Mourashi Mokarari right. The petitioners after taking settlement constructed one dwelling house with brick walls, pucca floors and corrugated roofing and also constructed a kitchen and one cow-shed. Sri S. S. Ganguly was appointed Arbitrator by the Government under S. 19(1)(b) of the Defence of India Act, 1939 for determination and apportionment of compensation in respect of the acquisition of the said plots of lands. The apportionment case was registered as case No. 8 of 1971(A) for the purpose of apportionment of the compensation and the arbitration case No.7 of 1971(Valuation) was started for the purpose of determination of the compensation. The apportionment case being Arbitration case No.8 of 1971(A) was heard ex parte first and the petitioners were held to have take settlement of the said lands on the basis of the said three pattas (Exhibits 1 to 1(b)) and as such in accordance with the terms of those deeds the petitioners were entitled to six annas share of the compensation and landlord was entitled to ten annas share of the compensation to be awarded in respect of the said lands. Thereafter the valuation case being Arbitration case No.7 of 1971(V) was heard by the Arbitrator. In the said valuation case the Union of India, the opposite party filed a written statement stating inter alia that before having their title established in the civil court the referring claimants were not entitled to make the reference and initiation of those proceedings before the Arbitrator under the Defence of India Act, 1939 at the instance of the referring claimants was invalid. The learned Arbitration after hearing objection of the Union of India, the opposite party, passed order No.35 holding that the opposite party could challenge the title of referring claimants in the valuation case and the referring claimants should not get any award unless they would establish their title in the amount of compensation.
(3.)It is against this order this application in revision has been made and the instant rule and an interim order of stay of operation of the said order No.35 was made pending the disposal of this Rule.
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