INDER SINGH AND ORS.
v.
UNION OF INDIA AND ANR.
NOVEMBER 2, 1995
[K. RAMASWAMY AND B.L. HANSARIA, J.J.]
Requisitioning and Acquisition of Immovable Propc1ty Act, 1952/Rules.
S.B(b )/Rule 9(5)(i)-Landowners agreeing to receive compensation
awarded-Executing 'K' form and accepting compensation without
protest-Later 011 seeking appointment of Arbitrator-Held : Not entitled to.
The Land Acquisition Collector passed an award and the appellants
had agreed to receive the compensation, executed 'K' form as per Rule
9(5) (i) of the Requisitioning and Acquisition of Immovable Property Rules
A
B
c
and accepted the compensation without
protest. Thereafter they D
preferred a writ petition before the High Court seeking appointment of
an arbitrator under S.(8)(b) of the Requisitioning and Acquisition of
Immovable property Act. The writ petition was dismissed. Hence this
appeal.
Dismissing the ap,peal, this Court
HELD: The appellants having received the compensation under Form
'K' without protest, Rule 9(5)(i) of the Requisitioning and Acquisition of
Immovable Property Rules would apply to them and they are not entitled
under Section 8(b) of the Act appointment of an arbitrator. [738-D J
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 10271 of
1995.
From the Judgment and Order dated 12.4.89 of the Punjab &
Haryana High Court in C.W.P. No. 6274 of 1988.
Sanjay Sarin and Ashok Mathur for the Appellants.
N.N. Goswami, Ms. Anil Katiyar and Wasim Qadri for the Respon-
dents.
The following Order of the Court was delivered :
737
E
F
G
H
738
SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.
A
Leave granted.
B
c
D
E
The appellant had sought appointment of an arbitrator under Section
8(h) of the Requisitioning and Acquisition of Immovable Property Act,
1952. The High Court dismissed the writ petition on two grounds, namely,
on delay as well as on merits. Thus this appeal by special leave.
The Land Acquisitior• Collector, the competent authority, had
passed the award determining compensation at varied rates, namely, Rs.
5,000, Rs. 4,200 and Rs. 2001 in respect of three different belts of land.
Thereupon, 22 persons including the appellants herein had agreed to
receive the compensation and executed 'K' Form. Agreement as per Rule
9(5)(i) of the Rules made under the Act and accepted and compensation
without protest. Section 8(b) of the Act requires appointment of arbitrator
when there is no agreement between the parties reached on the compen-
sation determined by the Land Acquisition Officer.
In view of the above circumstances, the appellants having received
the compensation under Form 'K' without protest, Rule 9 (5) (i) would
apply to them and they arc not entitled under Section 8(b) of the Act for
appointment of an arbitrator.
The appeal is accordingly dismissed. No costs.
G.N.
Appeal dismissed.
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Lex