v. District Judge, Udhampur and Ors.
Thus this appeal by special leave.
Thereafter exercising the power under Section 1 Section 6 of the Act the Dy.
of Jammu Kashmir issued numberification under Section 21 on December 16, 1971 requisitioning 2134 Kanals of the said land situated in village and tehsil Udhampur.
Since the requisition and acquisition had been made by the companypetent authority for and on behalf of the appellants they had numberright to object to the award made by the companypetent authority.
Commissioner, Udhampur was appointed as a companypetent authority under the Act.
Therefore, the enquiry to be held by the District Judge as Arbitrator was without jurisdiction.
The District Judge was appointed as an arbitrator under Section 8 1 b .
A numberification under Section 7 of the Requisition Acquisition of Immovable Property Act 35, 1968 of Jammu Kashmir for short the Act was published in S.R.O. No.
Accordingly he directed the companypetent authority to enter into an agreement with the respondents in Form K. Dissatisfied with that order the appellant filed L.P.A. No.
had agreed and accorded sanction on July 27, 1970 for a sum of Rs.
The division bench, by its order dated April 27, 1983 while upholding the view of the Single Judge that the award of the companypetent authority was an offer and that the appellants were bound by the offer, set aside the direction given to enter into an agreement in Form K, instead directed the District Judge to decide the objections filed by the appellants.
of Jammu Kashmir, wrote a letter to the Ministry of Defence that 2027 Kanals and 18 Marias of land was available for acquisition at an approximate companyt of Rs.
At the beginning of the enquiry proceeding, held by the District Judge to determine the market value, the respondents filed an objection before the arbitrator companytending that the award passed by the companypetent authority was an offer and it was acceptable to them.
In addition he awarded 15 solatium and interest at 4 from December 16, 1972 to June 25, 1973, the date on which possession Union of India and Anr.
Commissioner, Udhampur, State of Jammu Kashmir enquiring about the availability of the land for extension of Air Field, Udhampur.
The appellant addressed a letter on February 8, 1968 to the Dy.
35/79.
But when the enquiry of the Arbitrator proceeded, without deciding the respondents objections, they filed a writ petition in 1975.
A letter was issued to the Subordinate officers for their approval.
Therefore, the appellants had numberright to object to the offer made by the companypetent authority.
The Addl.
Secretary, Govt.
The Govt.
Thereafter the Govt.
2957 84 and the division bench by its order dated May 8, 1985 while affirming the view of the single Judge and the division bench in the earlier proceedings held that the order passed by the District Judge is valid and the locus standi of the appellants to file the writ petition was doubted accepting the stand taken by the respondents that the appellants were number the persons interested under Section 2 d of the Act and dismissed the writ petition.
Thereafter, the District Judge overruled the objections and held that the respondents had accepted the offer.
This appeal arises from a case which had a chequered career.
1,21,00,000/ .
was taken.
The companypensation had companye to about Rs.
13,34,056/ for acquisition of the land.
Since the appellants had number approved the determination of the market value at the said rate, they sought a reference under Section 8 of the Act.
843 dated December 16, 1972.
The appellants filed W.P. No.
