UNION OF INDIA versus NIHAR KANTA SEN & ORS.

Citation: [1987] 2 S.C.R. 1108 · Decided: 21-04-1987 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Case Partly allowed
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Judgment (excerpt)

UNION OF INDIA 
v. 
NIHAR KANTA SEN & ORS. 
APRIL 21, 1987 
B 
[O. CHINNAPPA REDDY AND K.N. SINGH. JJ.] 
Requisition and Acquisition of Immovable Property Act, 1952-
Land requisitioned in 1942-Land consisted of cultivated area and 
forests-Mooram and other deposits including coloured clay-Clai-
mants entitlement to terminal and recurring compensation-Determi-
C nation of. 
West Bengal Estates Acquisition Act 1953-Sections 4 to 6-
lntermediary-Who is-Land under requisition-Claimant as Inter-
mediaries-Whether entitled to retain the land. 
D 
During the Second World War the property in dispute was 
requisitioned by the Collector for the purpose of construction of a milit-
ary aerodrome. As there was extreme urgency, the possession of the 
property was taken on l • 10· 1942 and to regularise the possession the 
Collector issued an order on 8·6· 1943 under sub-rules (1), (2) and (5) of 
Rule 75A of the Defence of India Rules, 1939 framed under the Defence 
E of India Act, 1939 requisitioning the property. The owner of the pro-
perty, predecessor-in-interest of the claimants, submitted claim peti-
tions claiming.a total sum of Rs.2,40,720 as compensation. The Special 
Land Acquisition Collector awarded a sum of Rs. 11,878.50 as recnr-
ring compenation for 1349 to 1359 B.S. i.e. (1942 to 1952). The District 
Judge acted as Arbitrator to determine the compensation and he 
F awarded a sum of Rs.4,44,691 as compensation. The Union of India 
preferred appeal and the claimants preferred cross objection to the 
appeal in the High Court against the Arbitrator's award. The Division 
Bench dismissed the appeal and allowed the cross objection by enhanc-
ing compensation to Rs.18,74,089.75 for the period 1-10-1942 to 
1-10-1969. 
G 
}.. -
In the appeal to this Court on behalf of the appellant-Union it was 
contended that the High Court committed error in awarding recurring 
·)r 
compensation to the claimants for the period beyond 15-4-1955 as the 
claimants ceased to have any right, title or interest in the property in 
dispute, as the same vested in the State with effect from 15-4-1955 
H under the provisions of the West Bengal Estates Acquisition Act, 1953. 
1108 
U.0.1. v. N.K. SEI' 
1109 
On behalf of the claimants-respondents it contended: (i) that the A 
., 
provisions of the 1953 Act do not apply to the property in dispute which 
was under requisition in view of the second proviso to s. 3 of the Act; (ii) 
that under s. 6 of the 1953 Act the claimants were entitled to retain an 
area of 75 acres of laud with them and, therefore, they are entitled to 
recurring compensation ~th regard to that area even after 15th April, 
B 
1955; (iii) that the requisitioned land contained minerals. the claimants 
A 
had been excavating moorams and coloured clay, they are, therefore. 
entitled to retain the entire land with them under s. 6 read with s. 28 of 
-~ 
the Act and (iv) that they should get interest at the ra'te of 6% per 
annum. 
Allowing the Appeals partly. 
c 
~ 
HELD: I. The claimants are entitled to a sum of Rs.2.00,000 as 
, 
terminal compensation and also a sum of Rs.25.650 as recurring com-
pensation. in respect of the Sal trees and agricultural land etc .• per 
annum with effect from 1-10-1942 to 15-4-1955. The claimants are also 
entitled to interest on the aforesaid amount at the rate of 6% per annum D 
from the date ofrequisition till the date of payment. [1122G-H] 
2. Agrarian reform was initiated in the State of West Bengal and 
,.,. 
with that eud in view the West Bengal Estates Acquisition Act, 1953 was 
enacted to provide for the acquisition of estates. rights of intermediaries 
...._ 
therein and certain rights of raiyat and under-ra1yat in the land com-
E 
prised in the estates. Though s. 40) of the Act conferred power on the 
State Government to issue notifications from time to time in respect of 
'~-
any district or part of a district but the legislative intent is evidenced by 
sub-s. (2) of s. 4 which ordained that the State shall issue notifications so 
i 
as fo ensure that the entire area to which the Act applies shall be 
notified. enahling the vesting of the interest of all intermediaries in the F 
. State on or before the first day of Baisakh of the Bengali year 1362 e.g. 
15-4-1955. The legislative mandate made it imperative to ensure that 
right. title and interest of all intermediaries in the State of West •Bengal 
shall be acquired by 15-4-1955. [11160-E; G-H; 1117A] 
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3. Jn the instant case. since the
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