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1994 Supreme(Kar) 340

P.KRISHNA MOORTHY, V.P.MOHAN KUMAR
UNION OF INDIA – Appellant
Versus
B. M. KRISHNAMURTHY – Respondent


Advocates:
NAGENDRA NAIDU, SHYLENDRA KUMAR, V.N.SATHYANARAYAN

V. P. MOHAN KUMAR, J.

( 1 ) THIS appeal is preferred by the Union of India under Section 11 of the Requisitioning and Acquisition of the Immoveable properties Act, 1952 (hereinafter referred to as 'the Requisitioning act'), against the award made by the Arbitrator in a proceeding for the fixation of compensation payable with respect to the land in question requisitioned under the Act.

( 2 ) FOR the sake of convenience, as we proceed to state the facts of the case, we may also refer briefly to the statutory provisions relating to the requisitioning of a property. The said Act was enacted on 14-3-1952 to enable the Union of India to requisition/acquire immoveable property if the Competent authority is of the opinion that the said property is needed or likely to be needed for a public purpose. Section 1 (3) of the Act provided that the Act shall remain in force for a period of six years from the date of commencement of the Act. Section 3 thereof conferred the power to requisition the property if it. "is needed or likely to be needed for any public purpose". Section 7 provided the procedure to acquire the requisitioned land and it also laid down the conditions as well, existence of whi





































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