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1970 Supreme(Cal) 180

S.N.BAGCHI, AMARESH ROY
Upendra Kumar Nandi – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Amarendra Nath Gupta and Sovendra Madhab Bose, for Appellants; Hem Chandra Dhar and Biswanath Mallik, for Respondent.

Judgement

AMARESH ROY, J. :- This appeal has been preferred by two referring claimants against an Award made by the Arbitrator determining compensation in respect of a property requisitioned under Rule 75-A of Defence of India Rules, 1939, which requisition was made by an order dated 25th October, 1943. The reference was made by L. A. Collector on 6th February, 1959 purporting to do so under Section 19 of Defence of India Act, 1939 to an Arbitrator appointed under G. O. No. 924, dated 14-1-59 for determination of proper valuation of compensation for structures demolished in respect of C. S. Plot No. 1081 of Mouza Palta P. S. Noapara in 24-Parganas. Each of the appellants claim moiety share in the property and therefore same shares in the compensation. There is no dispute as to that. That reference was made in the state of facts which are not in controversy before us in the appeal. Those facts are that C. S. Plot No. 1081 with structures standing thereon was requisitioned by the Government for military purposes in connection with the construction of the Barrackpore Airfield. Owner of the requisitioned property then was Sk. Abdul Aziz and his brother. An assessment of recurring compen





































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