- (1.) THIS appeal has been preferred by Union of India under section 19 sub-section (1) (f) of the defence of India Act, 1939, and is directed against an award dated 10th september, 1960, made by an Arbitrator appointed under clause (b) of sub-section (1) of Section 19 of the Defence of India Act, 1939 read with sub-section (4) of Section 1 of that Act and Section 6 of the General Clauses Act X of 1897 by the Government of West Bengal in exercise of the powers conferred by notification No. 1365-OR-42 dated 19th september, 1942 issued by Government of India, Defence Department. There is also a cross-objection preferred by the Respondent in the appeal under rule 22 Order 41 of the Code of Civil procedure.
(2.) THE Arbitrator was appointed for disposing of the Reference above-mentioned by determination of compensation payable in respect of a requisition of properties by Order No. 64 dated 8th June, 1943, made under Rule 75 of the Defence of India Rules, 1939. The property consisted of lands, buildings and other materials on that land in mouza Brindabanpur, J. L. No. 75 within Kanksa Police Station in the District of Burdwan. The purpose of that requisition as it appears in the order of requisition was "for securing the defence of British India, the public safety, the maintenance of public order, or the efficient prosecution of the War or for maintaining supplies and services essential to the life of the community". It also appears from that Order No. 64 D. I. dated 8th June, 1943 that the requisition of that property was in connection with setting up Birudia landing ground for use of aircrafts. It may be mentioned that here it was the admitted case of the parties before the Arbitrator and also at all stages of the proceedings that construction work of that air-field on the land stated in october, 1942 when even before any formal letter of requisition was issued or any order of requisition was made, the military authorities occupied the land and the building standing thereon, including all furnitures and fixtures and other properties thereon by turning out the occupants. No inventory of the movable properties or of any thing at all was made either at the time when possession of the properties was so taken or long years thereafter.
(3.) IN June, 1943 on receipt of a letter of requisition from Major James f. Hyland, Base Engineer (Air) the land Acquisition Officer issued the requisition Order No. 64 D. I of 1943-44 copies thereof were sent to Ex-Engineer, AV. Dn. and others and was directed to be served on interested persons and in the locality. The manner of service that was effected appears from Ext. 1 in the case in which the report of service says that 'not having found Nirode Kanta Sen present, his employee Jaladhar Das was asked to receive the notice but he refused to accept the same and pu his signatures hence a copy was served by hanging on the front door of the kutchary house". That service report is dated the i6th of june, 1943 and order-sheet in the land acquisition proceeding shows that it was received on 17th of June, 1943 and was filed with the records. Nothing further was done in that respect and next step in the land acquisition proceeding was taken by preparing schedule of properties in the locality. Nirode Kanta Sen filed his first claim on 22nd April, 1943, claiming rs. 1,93,432/- upto that date. He followed it up by another on 6th cf December, 1943 laying his claim at Rs. 2. 49,914/-as compensation recurring and nonrecurring" on various account regarding movable and immovable properties lying within the requisitioned area.;