The Collector by his proceedings dated October 30,1961 offered at the rate of 0.38 paise to 0.92 paise per sqaure yard with interest at the rate of 6 payable between May 15, 1945 to January 14, 1962.
The offer was rejected as a companysequence in exercise of the power under Section 23 2 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for short the Act, the Arbitrator was appointed on September 22, 1966.
Therein this Court relied upon another judgment in Harbans Singh Shanni Devi v. Union of India C. A. Nos.
1012/341 3 16 , 1011/594 1 13 , 1334/1009/594 62.01 Bighas situated in Sadhora Khurd, Delhi.
The learned single Judge by judgment D November 5, 1971 relying upon Ex P 7 and award D May 3, 1941 in which the market value was determined at the rate of Rs.
reported in 1992 5 JT SC 574 at p. 595 paragraph 78 1993 AIR SCW 105 at p. 124, para 78.
662/ 364 stand on the same footing.
On enquiry, the Arbitrator awarded by his award D May 13, 1968 at the rate of Rs.
This Court in similar circumstances refused leave and dismissed the special leave Petitions Nos.
P 7 award lands were acquired for widening the Rohtak Road since the lands in acquisition are also situated between the roads subsequently laid they acquired potency for future development.
On May 15,1945, a numberification was issued under Defence of India Rules acquiring the lands.
5/ per square yard and also awarded interest at the rate of 6.
In that judgment this Court said that having regard to the peculiar facts and circumstances of the present case and in view of the fact that the appointment of the Arbitrator was number made by the Union of India for period of 16 years, this Court companysidered in equity to give solatium at the rate of 30 of the amount of companypensation and interest at the rate of 9 per annum should be awarded to the appellants therein.
P 7 is an award in respect of the lands numberified in 1941 for widening the Rohtak Road and award was made at the rate of Rs.
The Division Bench companyfirmed the award of the learned single Judge and dismissed the appeals.
The lands in these Khasra numbers are situated near about the Rohtak Road and in between two roads were laid between 1941 to 1945.
In view of the finding by both the learned single Judge and also the Division Bench that there was a companystant rise in prices, we companysider that the rise in prices companyld be around Rs.
6/ per square yard enhanced the market value at the rate of Rs.
of 1981 by order dated October 24, 1983.
6/ per square yard.
Initially, the lands were requisitioned under Defence of India Rules for defence purpose.
4589 99 etc.
The appellants filed appeal before the Division Bench.
Though the appeals have been filed against the lands companyered in Khasra No.
Thus these appeals by special leave of this Court.
The appellants are owners of 3/4th share in Khasra Nos.
6/ to Rs.
In this case, the question of appointing the Arbitrator would arise only when the market value offered was rejected by the claimants.
Dissatisfied therewith, the appellants carried the matter in appeal.
662/364 to an extent of 22.9 Bighas, they are situated far away from the lands referred to earlier.
470 and 471 of 1985, disposed of by this Court on 11th February, 1985 .
The offer was made and rejected on October 13, 1961 and the Arbitrator came to appoint on September 22, 1966 after five years.