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1994 Supreme(SC) 917

N.P.SINGH, R.M.SAHAI
Kalimpong Land And Building LTD. – Appellant
Versus
State Of W. B. – Respondent


Advocates:
ANIL SHARMA, B.K.PRASAD, Indra Sawhney, RATHIN DAS, S.RAJAPPA, V.A.BOBDE, V.C.MAHAJAN, V.GAURI SHANKAR

Judgment

R.M. SAHAI, J.

(1) THE question of law raised on behalf of the respondents assailing the legality and propriety of recommendation to award interest in the report submitted on 26/4/1994 by the learned Solicitor General of India appointed by this court on 4/12/1992 to determine compensation under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Act) was little surprising as when a bench of this court, of which one of us was a member (R.M. Sahai, J.), after hearing the appeal for quite sometime, rather on number of days, requested the learned Attorney General of India, initially to look into the matter and report, but ultimately appointed the learned Solicitor General of India, with common consent of all parties and explicit understanding that the determination by him would not be challenged, it was thought that the curtain on the long-drawn and chequered history of litigation has been finally drawn.

(2) BEFORE considering the submission on merits, it may be mentioned that basic objection against the award by a retired Judge of the High court was that the power to appoint arbitrator under the Act ve




















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