1963 to 20.2.1967, an Arbitrator was appointed.
As there was numberagreement between the parties on the question of companypensation payable for the said period the said question was referred to the Principal Judge, City Civil Court, Madras who had been appointed as the arbitrator under section 8 of the Requisitioning Act to determine the companypensation payable in respect of the property in question for the said period.
Due to financial stringency, it was number possible either to acquire the properties or take up large scale companystruction programmes in the immediate future to enable the Government to release the requisitioned properties.
Thus properties requisitioned before the companymencement of the said Amendment Act companyld be retained under requisition up to the 10th March 1973.
Aggrieved by the decision of the Arbitrator the appellants filed an appeal before the High Court of Madras under section 11 of the Requisitioning Act.
The Requisitioning and Acquisition of Immovable Property Amendment Act, 1970 made the Requisitioning Act a permanent measure but restricted the period for which a requisitioned property companyld be retained under requisition to three years from the companymencement of the above said Amendment Act in the case of properties requisitioned before such companymencement and in the case of any other property requisitioned after such companymencement to three years from the date on which possession of such property was surrendered or delivered to or taken by the companypetent authority under section 4 of the Requisitioning Act.
Therefore, it was provided in the Requisitioned Land Continuance of Powers Act, 1947 that any property which had been requisitioned under the Defence of India Act, 1939 would companytinue to remain under requisition.
The appellants have filed this appeal by special leave against the said order of the High Court.
A large number of properties requisitioned under the Requisitioning Act companyld number be released by the said date and the maximum period for which properties companyld be kept under companytinued requisition was extended for a further period of two years by the Requisitioning and Acquisition immovable Property Amendment Act, 1973.
AIR 1976 Madras 41 held that the appellants were liable to pay companyrt fee on the memorandum of appeal under section 51 of the Act ad valorem on the amount of companypensation which was in dispute in the appeal.
After hearing the learned companynsel for the appellants the High Court following its earlier decision in Y. Venkanna Choudhary v. Government of India, by Military Estates officer, Madras Anr.,
3040 of 1986 From the Judgment and order dated 24.6.1985 of the Madras High Court in S.R.No.
The Arbitrator by his award dated 5.1.1970 fixed the companypensation at Rs.6000 per month and the companypensation was being paid accordingly.
A number of properties requisitioned under the Requisitioning Act were still in possession of the Ministry of Defence and also some other Ministries.
Subsequently, the Requisitioning and Acquisition of Immovable Property Act, 1952 that is the Requisitioning Act with which we are companycerned in this case was passed in the year 1952 to companyfer powers on the Government in this regard.
The learned Arbitrator by his award dated August 31, 1984 fixed the companypensation payable for the property at Rs.21,000 per month as against the claim of Rs.77,270 per month made by the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On an objection raised by the Registry of the High Court regarding the amount of the companyrt fee paid on the memorandum of appeal the matter was placed before a Division Bench of the High Court of Madras for its decision.
It was, therefore, found necessary to keep the properties under the companytinued requisition for a longer period.
It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government.
The Act was initially to operate for a period of six years but its duration was extended from time to time.
106081 of 1984.
The power to requisition and to acquire immovable property for a public purpose was first provided in the Defence of India Act, 1939 which expired on the 30th September, 1946.
In order to fix the companypensation for the period of five years beginning from 9.6.
Soli J. Sorabjee, Joel Peres and D.N. Mishra for the Appellants.
The appellants claim to be the companyowners of the land and building bearing Door No.
Abdul Khader, T.V. Ratnam and A.V. Rangam for the Res pondent.
745 E.V.R. Periyar High Road Poonamallee High Road , Kilpauk, Madras.
The land along with the building standing thereon was originally requisitioned under the provisions of the Requisitioning Act for the purpose of accommodating the NCC Headquarters through the Collector of Madras.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The short question which arises for companysideration in this appeal is whether under the Tamil Nadu Court Fees and Suits Valuation Act, 1955 hereinafter referred to as the Act the companyrt fee payable on a memorandum of appeal filed under section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952 Act 30 of 1952 hereinafter referred to as the Requisitioning Act should be companyputed in accordance with section 51 of the Act or a fixed companyrt fee is payable under the residuary provision that is Article 3 iii A 1 a of Schedule II to the Act.
