P.D. MuIye, J.-

l. The petitioners, who are the owners of the building situated at 11, Prince Yeshwant Road, Indore have filed this petition under Art. 226 of the Constitution of India with a prayer that the respondents be directed to immediately release the property and determine by agreement within a time specified by this Court, compensation for the period from 7th March, 1985 to 6th March, 1987 and thereafter till the date the possession of the property is returned to the petitioners. It is further prayed that if no agreement is possible the matter may be directed to be referred to arbitration. It has also been prayed that the respondents be also directed to continue to pay compensation at the rate of Rs. 13,170/-per month which was being paid earlier till the dispute about the revision of the compensation is resolved. The petitioners have also sought the relief that the respondents be restrained from adjusting any amounts from compensation so payable from 1-5-1987 onwards.

2. The facts giving rise to this petition, may be stated, in brief, thus: By an order dt. 11-9-1969 (Annexure-A) passed under S. 4 of the Requisitioning and Acquisition of Immovable Property Act, 1952, the said building situated at 11. Prince Yeshwant Road, Indore was requisitioned for the purpose of City Post Office. Indore.

3. The said Act, namely requisitioning and Acquisition of Immovable Property Act, 1952 (No. 30 of 1952) was initially intended to be operative for a period of only six years from its commencement. By an amendment in the year 1958 its duration was further extended by six years. Again the duration of the said Act was further extended upto 13-3-1970. By Amending Act No. 1 of 1970, the provision regarding the duration of the Act was delected with the result that this Act became a permanent Statute. A new provision-Section 6 (1-A) was, however, added to provide for the release of the property from acquisition after a period of 3 years from the commencement of the amending Act. However, by subsequent amendment this period of three years provided for the release of the property was extended to 5 years, then to ten years and finally to 17 years from the commencement of the Amending Act of 1970 i.e. from 11-3-1970. Accordingly, the said period had finally expired on 6-3-1987. This legal position is not disputed on behalf of the respondents.

4. On the requisition of the said property on 11-9-1969, an amount of Rs. 2,950/- per month was fixed as compensation by agreement between the parties. After this initial fixation of compensation the respondents did not revise the compensation as required by S. 8 (2-A) of the said Act. The respondents were expected to revise the compensation twice, first in the year 1975 and second time in the year 1980.

5. As the respondents did not revise the compensation and also did not refer the dispute for arbitration, the petitioners filed M. P. 452 of 82 calling upon the respondents to refer the matter to arbitration which was allowed and accordingly the matter was then referred to arbitration and ultimately an award was passed by the Arbitrator Hon'ble Justice Shri V.R. Newaskar on 5-3-1986 (Annexure-B), according to which the compensation was fixed at the fair rate of Rs. 2/- per square feet per month, which was payable by the respondents to the petitioners from 7th March, 1980 and thereafter until its revision afresh as provided in the amended• provision of the said Act.

6. On the basis of Ex. P-2 as mentioned in the said award (which is the same as Annexure-R/4) dated: 12-2-85, the petitioners were to carry out the items of work mentioned therein. All these facts are also not in dispute, including the fact that the petitioners have carried out the items of work as mentioned in Annexure-R 4.

7. Further, according to the petitioners under sub-section (2- A) of S. 8 of the said Act, the compensation became revisable with effect from 7th March, 1980. When no steps were taken in this regard, the petitioners served t