Judgement

HEGDE, J. :- This appeal by the Collector of Varanasi by special leave under Article 136 of the Constitution is directed against the decision dated 11-11-1963 of the High Court of Judicature at Allahabad, in First Appeal No. 60 of 1960 on its file, which in its turn arose from the award made by Shri S. B. Malik, District Judge, Varanasi, in certain land acquisition proceedings under Clause (b) of sub-section (1) of section 19 of the Defence of India Act, 1939 (to be hereinafter referred to as the Act).

2. Before considering the contentions urged on behalf of the parties, it is necessary to set out the salient facts. For the purpose of constructing the Babatpur aerodrome near Varanasi, the Government acquired in the year l946 about 500 acres of land. Compensation in respect of most of the lands acquired was settled by agreement. But in respect of the lands with which we are concerned in this appeal, 48.01 acres in extent, no settlement was arrived at. Therefore, the question of compensation in respect of those lands was referred to the arbitration of Shri S. B. Malik under Cl. (b) of sub-section (1) of Section 19 of the Act. In view of Section 19 (1) (e), the claimants were