Judgement

SINGH, J. :- These two appeals are directed against the judgment of the High Court of Calcutta dated 10-10-1969 awarding a sum of Rs. 18,74,089.75 as compensation to the claimants.

2. During the second World War the property in dispute which consisted of an area of 199.04 acres of land situate in villa.," Brindabanpur, District Burdwan in West Bengal was requisitioned by the Collector for the purpose of construction of a military aerodrome. As there was extreme urgency, the authorities took possession of the property on 1-10-1942 and to regularise the possession the Collector of District Burdwan, West Bengal issued 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. Nirode Kanta Sen the owner of the property, predecessor-in-interest of the claimants submitted a claim petition to the Collector Burdwan, claiming a sum of Rs. 1,93,432/- as compensation for the property requisitioned from him. Later he made another petition claiming further compensation, and the total claim raised by him amounted to Rs. 2,40,720/- The Special Land Acquisition Collector, Burdwan after making inquiry and local inspection, awarded a sum of Rs. 11,878.50 as recurring compensation, to the claimant for 1349 to 1359 B.S. (i.e. 1942 to 1952). The claimant was not satisfied with the amount offered to him, he applied for reference, at his instance District Judge, Burdwan was appointed Arbitrator to determine the compensation, Nirode Kanta Sen and the State both produced evidence before the Arbitrator. It appears that Nirode Kanta Sen died, thereafter his two sons, namely, Nihar Kanta Sen and Nirmal Kanta Sen and his widow Smt. Hiramnoyee Debi were brought on record. The Arbitrator by his order dated September 10, 1960 awarded, of Rs. 4,44,681/- as compensation to the claimants. The Union of India preferred appeal before the High Court against the Arbitrators award, the claimants also preferred cross objection to the appeal. A Division Bench of the High Court of Calcutta by its order dated 10-10-1969 dismissed the appeal preferred by the Union of India and allowed the claimants cross objection by enhancing the compensation to a sum of Rs. 18,74,089.75 for the period 1-10-1942 to 1-10-1969. Aggrieved, the Union of India has preferred this appeal (C.A. No. 2050 of 1974) and the claimants have also filed appeal before this Court by special leave being (Civil Appeal No. 1026 of 1975). Both the appeals were consolidated, heard and are being disposed of by this judgment.

3. The requisitioned land has continued in the occupation of the State and it has not been acquired under the provisions of the Land Acquisition Act, 1894. The Defence of India Act, 1939 and the Rules framed thereunder expired on September 30, 1946, but the requisition of the property continued under the provisions of the Requisition Land (Continuance of Powers) Act, 1947. Subsequently, the 1947 Act was replaced by the Requisitioning and Acquisition of the Immovable Property Act, 1952 which continued the requisition of property, made before the commencement of the Act. Initially the period of requisition was to expire after three years from the date of commencement of the 1952 Act but by subsequent amendments the period of requisition was extended. The Parliament enacted the Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 fixing the maximum period for which property could be retained under requisition. It is not necessary to refer to the provisions of this Act, suffice it to notice that the property in dispute which had been requisitioned in 1942 continued to be under requisition during the relevant period in respect of which the dispute with regard to compensation is involved.

4. The total area of the requisitioned land was 199.04 acres, out of which an area of about 176.91 acres was full of jungle and forest containing various kinds of trees incl