Singh & Ors Vs. Union of India & Anr  INSC 622
(2 November 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC Supl. (4) 282 JT 1995 (8) 555 1995 SCALE (6)467
O R D
appellant had sought appointment of an arbitrator under Section 8(b) 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.
Land Acquisition 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 per Rule 9(5) (i) of the Rules made under the Act
and accepted the compensation without protest. Section 8(b) of the Act requires
appointment of arbitrator when there is no agreement between the parties
reached on the compensation determined by the Land Acquisition Officer.
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 are not entitled under Section 8(b) of the Act for appointment of an
appeal is accordingly dismissed. No costs.
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