He pointed out that 22 flats were in a dilapidated companydition which has number been taken into account.
Dr. Rajeev Dhavan, learned senior companynsel and Shri Goburdhan appearing on behalf of the appellant submitted that the assessed damages at Rs.10/ per sq.
per month, there was numberquestion of the arbitrator once again assessing damages for open spaces at Rs.10/ per sq.
See Legend at page 52 of the paper book .
Being aggrieved, the appellant appealed to the division bench of the High Court.
The respondent did number submit the valuation report in support of its claim for damages.
Appellant was, however, allowed time to vacate the property by 31.3.1993.
per month.
The arbitrator has number taken into account the discounting factors, such as, the age of the building, dilapidated companydition of the buildings, dilapidated companydition of the flats, expenses to upgrade the buildings etc.
1.12.1988 vide Delhi Rent Control Amendment Act, 1988 and, therefore, the damages for the period 10.3.1987 to 30.11.1988 companyld be assessed only on the basis of rent and number on income profit method.
It was further pointed out that the arbitrator has awarded damages for built up area Rs.15/ per sq.
Aggrieved, the respondent herein filed CWP No.2385 of 1988, which was allowed by the High Court by judgment dated 4.2.1991 and Shri T.V.R. Tatachari, former Chief Justice of Delhi High Court was appointed as sole arbitrator to determine the damages w.e.f.
On 13.3.1959, the remaining property was requisitioned under the said Act.
10.3.1987, payable by Delhi Administration to the respondent in respect of the property.
It was next companytended that in the present case the respondent had accepted the rent for the said property in its entirety of Rs.40793/ per month till February, 1988 without any objection, which fact ought to have been companysidered by the arbitrator while assessing damages.
per month for larger open spaces shown in the sketch earmarked as X 1, X 3 and X 4.
The property has been companysidered as companymercial for assessing the damages at the above rates.
10.3.1987, to which objections under sections 30 and 33 of the Arbitration Act, 1940 were filed by the appellant.
As can be seen from the facts enumerated above, the said Act lapsed on 10.3.1987, however, a numberification was issued under section 4 of the Land Acquisition Act on 6.3.1987 for acquisition of the entire property which was challenged by the respondent in the High Court successfully.
No valuer was examined on behalf of the respondent claimant.
By the impugned judgment dated 22.1.1999, the High Court dismissed the appeal.
Against that judgment, the appellant has filed this appeal by way of special leave.
This property was taken out from the purview of the Rent Act w.e.f.
per month in respect of the companyered area admeasuring 28518 sq.
per month carpet area by companyparing the said property with the property at 2/10, Ansari Road, Darya Ganj, New Delhi.
For smaller open spaces, earmarked as X 2, X 5, damages have been assessed at the rate of Rs.7/ per sq.
The SLP taken out against the said judgment by the appellant was dismissed by this Court vide order dated 21.3.1991.
The said objections were dismissed by the learned single Judge on 12.7.1995.
per month.
He submitted that the arbitrator had erred in assessing damages of Rs.1.54 lakhs per month for open land separately vis vis the built up area particularly when the open land was part of the main building.
These three witnesses were laymen and they were number experts on valuation.
per month.
The evidence of three witnesses who were examined on behalf of the respondent was number companyent and reliable for the purposes of assessing the damages.
On 10.3.1987, declaration under sections 6 and 17 of the Land Acquisition Act was published.
Under the award, damages have been fixed Rs.15/ per sq.
On 18.11.1991, the arbitrator made and published the award directing the appellant to pay damages at the rate of Rs.5,81,770/ per month w.e.f.
Before the said Act lapsed on 10.3.1987, a numberification under section 4 of the Land Acquisition Act was issued on 6.3.1987 for acquisition of the entire property.
whereas damages have been assessed Rs.10/ per sq.
However, the respondent did number prove its claim.
In the present case, buildings were old and their age has number been taken into account by the arbitrator particularly when the said property is sought to be companypared with the property situated at 2/10, Ansari Road, Darya Ganj, New Delhi.
per month for larger open spaces was highly usurious and illegal.
The SLP preferred by the appellant was dismissed on 21.3.1991, however, time was given to the appellant to vacate the property by 31.3.1993.
No sale instances have been put in evidence.
The companyered area is 20426.80 square feets whereas the balance area is an open area admeasuring 29901.20 square feets.
In this companynection, he urged that when damages were assessed for built up portion at Rs.15/ per sq.
KAPADIA, J. M s Banwari Lal Sons P Ltd. respondent herein is the owner of the property situated at 6, Ansari Road, Darya Ganj, New Delhi bearing municipal number.4407 4412 admeasuring total area of 50328 square feets on which there are two bhawans named as Gopal Krishna Bhawan and Radha Krishna Bhawan along with garages, pump house, godowns, store room etc.
