- (1.) INSTANT appeal on behalf of the Union of India through Defence Estate Officer of Jharkhand, Orissa and Bihar (JOB) Circle, Danapur, Bihar has been preferred against the Award prepared on 30 -4 -2009 in Arbitration Case No. 2 of 2008 by the sole Arbitrator Hon 'ble Mr. Justice Vikramaditya Prasad (Retd.), under S. 8(1)(B) of the Requisition and Acquisition of Immovable Property Act, 1952 whereby and whereunder, an Award of Rs. 65,98,971/ -has been passed in favour of the claimant/respondent.
(2.) THE brief facts of the case is that an area measuring 2590.91 Acres was requisitioned during the 2nd World War by the Defence Estate Officer, Bengal Circle, Calcutta under the Defence of India Act, 1939 and Rules made thereunder. Out of the total requisitioned land, 82.21 Acres was acquired in the year 1959 by the Defence Estate Officer, Bengal Circle, Calcutta under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land was under the occupation of the Army since it was requisitioned. Army proposed that the said land was permanently required for use of the Army at Ranchi. In the year 1970, the Government of India, Ministry of Defence, accorded sanction for acquisition of the requisitioned land measuring 2590.91 acres for Dipatoli Campus at Ranchi vide No. 1/2/B and O/Team/MLC/ 207/8/D (Lands) Dated 16 -3 -1970 at an estimated cost of Rs. 1,29,54,960/ - under the provisions of Requisitioning and Acquisition of Immovable Property Act, 1952. On spot verification, it was revealed that out of total area of requisitioned land 2590.91 Acres, the land measuring 2437.37 Acres belonged to private parties. The land measuring 117.54 Acres, being the State Government 's land, is still under occupation of transfer with the Government of Bihar. Accordingly, out of the private land, an area measuring 53.68 Acres situated at village - Gari, District - Ranchi, Thana No. 114, Khata No. 158, Plot Nos. 776, 777, 778, 1368 and 1388 was acquired by Gazette Notification dated 1 -12 -1971 from Smt. Kamla Ray, wife of Arjun Ray, Resident of 12C, Judges Court Road, Kolkata -27. The compensation of the land was assessed as per the provisions envisaged under the Requisitioning and Acquisition of Immovable Property Act, 1952 and paid to Smt. Kamla Ray by the competent authority. The compensation amount was assessed/fixed by the Deputy Commissioner, Ranchi considering the type of land, quality of soil and its prevalent market rate. Smt. Kamala Ray was paid a sum of Rs. 2,52,596/ - after the land was so acquired. But she had sent a letter to the Land Acquisition Officer, Ranchi on 1 -9 -1997 by registered post disclosing therein that no proper compensation was paid to her and she had raised her objection and requested to refer the dispute to District Judge, Ranchi for Arbitration, but no Arbitrator was appointed. Aijun Ray, husband of said Smt. Kamala Ray died in the year 1962 leaving behind his widow Kamala Ray and two daughters namely Kokila Sidhant and present claimant/respondent Pia Majumdar. Kokila Sidhant died on June 2, 1981 leaving behind her husband Nikhil Sidhant and Nikhil Sidhant also died in the month of February, 1995. Kamala Ray died on 16 -12 -1990. Therefore, the claimant/respondent Pia Majumdar, being surviving daughter, has claimed herself to be the sole legal heirs of late Kamala Ray and she has pursued the matter.
(3.) SINCE no Arbitrator was appointed, Writ Petition being C.W.J.C. No. 374 of 1998 (R) was filed in the year 1998 before the High Court of Judicature at Patna, Ranchi Bench, Ranchi for a direction to appoint Arbitrator. The aforesaid writ petition along with other writ petitions were disposed of on 13 -9 -2007 by which the appellant was directed to appoint Arbitrator in accordance with the provisions of Section 8(1 )(B) of the Requisitioning and Acquisition of Immovable Property Act, 1952 within three months. The order was not complied with and thereafter, contempt case being Contempt Case (Civil) No. 200 of 2008 was filed before this Court and in pursuant to that, Hon 'ble Mr. Justice Vikramaditya Prasad (Retd.) was appointed as an Arbitrator who, after recording evidence of the appellant as well as claimant/respondent and also after granting hearing to them, passed the impugned Award published on 30 -4 -2009. ;