Supreme Court of India Defence Estate Officer vs Syed Abdul Saleem & Ors

 
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India: IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3137 OF 2010

DEFENCE ESTATE OFFICER

..

APPELLANT

VERSUS

SYED ABDUL SALEEM AND OTHERS

.. RESPONDENTS

J U D G M E N T

VIKRAMAJIT SEN, J.

1 The Appellant has by the pulpit of this Civil Appeal assailed the Judgment and final Order dated 13.3.2007 passed by the Hon'ble High Court of Judicature, Andhra Pradesh (Hyderabad) in CMA No. 1986 of 2003, rendered in the matter of Syed Abdul Saleem v. The Government of Andhra Pradesh, wherein the appeal preferred by the Respondents herein was allowed by the High Court, which enhanced the rate of compensation from Rs.6/- per sq. yard awarded by the Learned Arbitrator, to Rs.12/- per sq. yard along with the award of 30% solatium and interest at 9% from the date of possession, i.e., 28.07.1970. The subject lands, situated at Village Ibrahimbagh District, Hyderabad, were acquired for setting up of an Artillery Centre at Golconda. The Ministry of Defence, Government of India, accorded its sanction dated 1.12.1969 for the acquisition of land admeasuring 1181.70 acres, at an estimated total cost approximating Rs.35,45,100/-. The lands of the Respondents, admeasuring 2 acres 28 guntas in Revenue Sy. No. 94, and 1 acre 27 guntas in Revenue Sy.No. 95, totaling 4 acres and 15 guntas, were acquired under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 by the Central Government. The Form 'J' Notification was published on 22.07.1971. The Competent Authority, viz., the Collector, Hyderabad, offered Rs.39,930/- as compensation in respect of 4 acres 15 guntas, by fixing the rate at Rs.2/- per sq. yard. Further, the Collector also granted interest at 4% p.a. from the date of publication of 'J' Notice to the date of payment; an amount of Rs.45,295.90 was deposited by SDC, LA (Defence) in the Court, vide letter dated 03.02.1975. 2 Dissatisfied with the said compensation, the Respondents thereafter requested for the appointment of a Statutory Arbitrator. The Government appointed the Arbitrator on 21.10.1980, with a direction to him to dispose of the matter within four months. As the sole Arbitrator was unable to dispose of the matter within the prescribed period, the Government once again appointed an Arbitrator on 11.11.1999 to complete the exercise. The Arbitrator enhanced the compensation from Rs.2/- per sq. yard to Rs.6/- per sq. yard along with solatium of 30% and interest at 9% p.a. from the date of taking possession...

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