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1977 Supreme(Cal) 32

ARUN KUMAR JANAH, A.N.BANERJEE
SUDHANGSU KUMAR MUKHERJEE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMARENDRA NATH GUPTA, Nanigopal Das, Sumit Ghosh

A. N. BANERJEE, J.

( 1 ) THIS appeal is directed against the award made by the Arbitrator on a reference made to him for determination of compensation for demolished building and structures on C. S. Plots Nos. 643 and 719 of Mauja Plata, P. S. Noappara, Dist. 24 Parganas. It appears that disputed properties were requisitioned by the State Government for public purpose, being purpose of Union of India under Rule 75-A of the Defence of India Rules. The said requisition was subject to the provisions of the Requisitioning and Acquisition of Immovable Property Ordinance 1952, subsequently repealed and replaced by the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act XXX of 1952 ). The requisition was made on 23-1-1943 and possession was taken on the same day. Monthly rent of Rs. 75/- was being paid to the claimants up to 15-4-1957. On 25-5-1957, an amount of Rupees 25,460/- was offered by the Collector, 24 Parganas to the claimants as replacement costs of the demolished building. It appears that the building and structures on the land were demolished shortly after taking possession in 1943. As claimants were not satisfied with the aforesaid amount so offered to them a





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