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SATINDER SINGH AND OTHERS versus AMRAO SINGH AND OTHERS.

Citation: [1961] 3 S.C.R. 676 · Decided: 02-02-1961 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Disposed off

Cited by 9 judgment(s) · cites 2 · see the full citation network in Lexace

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Judgment (excerpt)

676 
SUPREME COURT REPORTS 
(1961] 
' 96' 
judgment in C. A. No. 416 of 1958 (Standard Vacuum 
Burmalo-Shlll 
Refining Co., Ltd. 
versUIJ Its Workmen) the compo-
R•ftneri" Limil•a nents of a living wage are largely different from those 
v. 
of a fair wage. The difference in the living wage 
TluirWorkm"' standards of the class to which operatives generally 
belong and the class to which the clerical staff belongs 
Das Gupta]. 
I96z 
February :1. 
may produce much greater differences in the money 
value in the components of the requirement of Jiving 
wage as between the two classes than the difference 
in the money value of. the components of fair wage of 
the two classes. 
· 
There is no justification therefore for thinking that 
the living wage of the clerical staff is only 80% more 
than the living wage of the operatives and so no 
conclusion that the gap between the living wage and 
the actual wage is less in the case of clerks than in 
the case of operatives can be drawn from a considera-
tion of the comparative wages received by them. 
We find nothing that would justify us in interfering 
with the conclusion of the Tribunal that the clerical 
staff should be awarded bonus at the same rate as the 
operatives. 
The appeal is accordingly dismissed with costs. 
Appeal dismissed. 
SATINDER SINGH AND OTHERS 
v. 
AMRAO SINGH AND OTHERS. 
(P. B. GAJENDRA\JADKAR, K. N. WANCHOO and 
K. c. DAS GUPTA, JJ.) 
Land Acquisition-Cis-Sutlij Jagir-Inalienable Land-Com-
pensation, apportionment of-Interest, when payable-East Punjab 
Acquisition and Requisition of· Immovable Property (Temporary 
Powers) Act, x948 (E.--P . .¢of x948), s. s~Land Acquisition Act, 
x894 (I of x894), H, z3, 3z, 34-lnterest Act, x839 (3z oj.r839) 
SS.I, Z. 
Lands in four villages forming part of the Cis-Sutlej Jagir 
were compulsorily acquired under the· East Punjab Acquisition 
and Requisition of Immovable Property (Temporary Powers} 
Act, 1948. At the time of the acquisition A was the holder of 
the jagir. Possession over one of the villages had been given to 
, 
3 S.C.R. 
SUPREME COURT REPORTS 
677 
A's wife G in lieu of maintenance under a consent decree. The 
matter of payment of compensation was referred to an arbitrator. 
A claimed that he was entitled to the entire compensation amount 
as he was the present holder of the Jagir. A's son S claimed that 
the lands acquired were inalienable, that A merely had a life 
interest therein and that the compensation money should be 
deposited out of which A should get only the interest for his life. 
G claimed that she was entitled· to the entire compensation in 
respect of the lands over which she was in possession. All the 
claimants claimed interest on the compensation amount from the 
date of taking of possession to the date of payment of compensa-
tion. The arbitrator held.:. (i) the acquired lands were inalienable 
and A merely had a life interest therein,_ (ii) S was entitled to a 
share in the compensation awarded, . (iii) the amount of compen-
sation for the first three villages should not be deposited but 
should be divided between A and S in the proportion of 3/ 4th to 
1/4th, (iv) the compensation for the fourth village should be 
deposited and the interest thereof be paid to G and after the 
death- of G the amount be divided between Aarn;j S half and half, 
and (v) the claimants were not entitled to anyi interest on the 
amount of compensation. On appeal the High Court confirmed 
the awards in toto. The claimants appealed to the Supreme Court 
by special leave. 
· 
Held, that the acquired lands formed part of a Cis-Sutlej Jagir 
which was inalienable, that A was merely a limited owner thereof 
and was not entitled to the entire amount of compensation and 
that the reversioners were also entitled to a share therein. The 
compensation amount could not be permanently deposited leav-
ing the parties the right to enjoy only its income. Even if the 
equitable principle of s. 32, Land Acqnisition Act, r&;4, was 
applied it would not justify the permanent investment of the 
compensation amount. Section 32(1)(b) was intended to be applied 
provisi9nally for short perigds, where other lands had to be, 
pnrchased out of the compensation money but were not immedi-
ately available and the money had to be invested as an interim 
measure till such lands were available. It was fair to divide the 
compensation money in respect of the first three villages half and 
half between A and S. In deciding the question of

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