NDLI: Union of India Vs. Nihar Kanta Sen & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Requisition and Acquisition of Immovable Property Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	West Bengal Estates Acquisition Act, 1953 (1 of 1954) Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Requisition and Acquisition of Immovable Property Act, 1952- Land requisitioned in 1942-Land consisted of cultivated area and forests-Mooram and other deposits including coloured clay-Claimants entitlement to terminal and recurring compensation-Determination of West Bengal Estates Acquisition Act 1953-Sections 4 to 6- lntermediary-Who is-Land under requisition-Claimant as Intermediaries-Whether entitled to retain the land.During the Second World War the property in dispute was requisitioned by the Collector for the purpose of construction of a military aerodrome. As there was extreme urgency, the possession of the property was taken on 1-10-1942 and to regularise the possession the Collector issued an order on 8-6-1943 under sub-rules (1), (2) and (5) of Rule 75A of the Defence of India Rules, 1939 framed under the Defence of India Act, 1939 requisitioning the property. The owner of the property, predecessor-in-interest of the claimants, submitted claim petitions claiming a total sum of Rs.2,40,720 as compensation. The Special Land Acquisition Collector awarded a sum of Rs. 11,878.50 as recurring compensation for 1349 to 1359 B.S. i.e. (1942 to 1952). The District Judge acted as Arbitrator to determine the compensation and he awarded a sum of Rs.4,44,691 as compensation. The Union of India preferred appeal and the claimants preferred cross objection to the appeal in the High Court against the Arbitrator's award. The Division Bench dismissed the appeal and allowed the cross objection by enhancing compensation to Rs.18,74,089.75 for the period 1-10-1942 to 1-10-1969. In the appeal to this Court on behalf of the appellant-Union it was contended that the High Court committed error in awarding recurring compensation to the claimants for the period beyond 15-4-1955 as the claimants ceased to have any right, title or interest in the property in dispute, as the same vested in the State with effect from 15-4-1955 under the provisions of the West Bengal Estates Acquisition Act, 1953. On behalf of the claimants-respondents it contended: (i) that the provisions of the 1953 Act do not apply to the property in dispute which was under requisition in view of the second proviso to s. 3 of the Act; (ii) that under s. 6 of the 1953 Act the claimants were entitled to retain an area of 75 acres of laud with them and, therefore, they are entitled to recurring compensation with regard to that area even after 15th April, 1955; (iii) that the requisitioned land contained minerals the claimants had been excavating moorams and coloured clay, they are, therefore entitled to retain the entire land with them under s. 6 read with s. 28 of the Act and (iv) that they should get interest at the rate of 6% per annum.
Judge	Honble Mr. Justice K.N. Singh
Neutral Citation	1987 INSC 122
Petitioner	Union Of India
Respondent	Nihar Kanta Sen & Ors.
SCR	[1987] 2 S.C.R. 1108
Judgement Date	1987-04-21
Case Number	2050

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