ORDER

1. This appeal arises from a case which had a chequered career. The appellant addressed a letter on 8-2-1968 to the Deputy Commissioner, Udhampur, State of Jammu and Kashmir enquiring about the availability of land for extension of Air Field, Udhampur. The Additional Secretary, Government of Jammu and Kashmir, wrote a letter to the Ministry of Defence that 2027 kanals and 18 marlas of land was available for acquisition at an approximate cost of Rs 12,62,655.32 paise subject to normal rise or decrease in that amount, which may occur on the determination of the market value. The Government had agreed and accorded sanction on 27-7-1970 for a sum of Rs 13,34,056 for acquisition of the land. Thereafter the Government of Jammu and Kashmir issued notification under Section 21 on 16-12-1971 requisitioning 2134 kanals of the said land situated in Village and Tehsil Udhampur. A notification under Section 7 of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Act, 1968 (J & K Act 35 of 1968) (for short the Act) was published in SRO No. 843 dated 16-12-1972. Thereafter exercising the power under Section 16 of the Act the Deputy Commissioner, Udhampur was appointed as a competent authority under the Act. He determined market value @ Rs 5100 per kanal for Class A lands in all the villages, Rs 4500 per kanal for Class B lands in all the villages and Rs 4800 per kanal for Class C in all the villages. In addition he awarded 15% solatium and interest at 4% from 16-12-1972 to 25-6-1973, the date on which possession was taken. The compensation had come to about Rs 1,21,00,000. A letter was issued to the subordinate officers for their approval. Since the appellants had not approved the determination of the market value at the said rate, they sought a reference under Section 8 of the Act. The District Judge was appointed as an Arbitrator under Section 8(1)(b). At the beginning of the enquiry proceeding, held by the District Judge to determine the market value, the respondents filed an objection before the arbitrator contending that the award passed by the competent authority was an offer and it was acceptable to them. Since the requisition and acquisition had been made by the competent authority for and on behalf of the appellants they had no right to object to the award made by the competent authority. Therefore, the enquiry to be held by the District Judge as Arbitrator was without jurisdiction. But when the enquiry of the Arbitrator proceeded, without deciding the respondents objections, they filed a writ petition in 1975. The learned Single Judge in his order dated 22-2-1979 held that the award passed by the competent authority being an offer, when the respondents had accepted that offer, it must be deemed to be one made under Rule 9 read with Section 8(1)(a) of the Act. Therefore, the appellants had no right to object to the offer made by the competent authority. Accordingly he directed the competent authority to enter into an agreement with the respondents in Form K. Dissatisfied with that order the appellants filed LPA No. 35 of 1979. The Division Bench, by its order dated 27-4-1983, while upholding the view of the Single Judge that the award of the competent authority was an offer and that the appellants were bound by the offer, set aside the direction given to enter into an agreement in Form K, instead directed the District Judge to decide the objections filed by the appellants. Thereafter, the District Judge overruled the objections and held that the respondents had accepted the offer. Though no direct finding was recorded that the offer became enforceable in consequence of rejecting the reference under Section 8(1)(b), it must be concluded that the appellants were bound by the offer made by the competent authority and it would be one enforceable under Section 8(1)(a) of the Act. The appellants filed WP No. 295 of 1984 and the Division Bench by its order dated 8-5-1985 while affirming the view of the Single J