K.RAMASWAMY, R.M.SAHAI
Prabhu Dayal – Appellant
Versus
Union Of India – Respondent
JUDGMENT
The appellants are owners of 3/4th share in Khasra Nos. 1012/341 (3-16), 1011/594 (1-13), 1334 /1009/594 (62.01) Bighas situated in Sadhora Khurd, Delhi. Initially, the lands were requisitioned under Defence of India Rules for defence purpose. On May 15, 1945, a notification was issued under Defence of India Rules acquiring the lands. 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 consequence in exercise of the power under S. 23(2) of the Requisitioning and Acquisition of Immovable Property Act, 1952 for short the Act, the Arbitrator was appointed on September 22, 1966. On enquiry, the Arbitrator awarded by his award D/- May 13, 1968 at the rate of Rs.5/- per square yard and also awarded interest at the rate of 6%. Dissatisfied there with, the appellants carried the matter in appeal. 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. 6/- per square yard enhanced the market value at t
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