B.L.HANSARIA, T.C.DAS
Deputy Commissioner of Kamrup, Gauhati – Appellant
Versus
Arun Sankar Bhaduri – Respondent
The provisions relating to determination of compensation when any property is requisitioned under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952, brevi manu the Act, require our interpretation in this appeal on these facts. An area of about 161? bighas was first requisitioned under the Defence of India Act, 1962 by Notification dated 21.12.62 for construction of Digaru Explosive Storage Park and allied purposes. Possession was mostly taken on 8.3.63 and of some part on 25.3.63. Some portion was de-requisitioned, and the area which is still under requisition measures about 1435 bighas. At the time of taking over possession a list of jirats (Trees and plants) was prepared. As there could be no agreement about the amount of compensation, the matter was referred to the learned District Judge, L.A.D., at Gauhati by appointing him as an arbitrator under the Act. The learned arbitrator has made the following award:
1. Initial compensation (for one time only) Bhaluka bamboo 1425 nos. @. 2.50 per bamboo Rs. 3562.50 960 nos. @ 1.50 per bamboo Rs. 1440.00 6430 nos. @ 1.00 per bamboo Rs. 6430.00 949 nos. @ 0.50 per bamboo Rs. 424.50 843 grov
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