Case Note & Summary
The case involves an appeal by special leave against the Karnataka High Court's judgment dated 11.01.2008 in W.P. 8340/2006. The appellants, B.K. Ravichandra and others, sought directions to the Union of India to vacate their lands, which were requisitioned under the Defence of India Act, 1962 (DIA) in 1963. The lands comprised Survey Nos. 101/1, 101/2, and 104 in Byppanahalli, Bangalore South Taluk. The predecessor of the appellants, late B.M. Krishnamurthy, handed over possession under protest. Compensation was fixed on 18.12.1964 and approved in 1968. The DIA lapsed on 10.01.1968, and by Section 25 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Requisitioning Act), the requisition was deemed to be under the Requisitioning Act. The Requisitioning Act was amended in 1970, extending its operation and providing for release of property after 17 years. In 1972, the appellants' predecessor sought enhanced compensation, which was referred to an arbitrator under Section 8. The arbitrator awarded compensation at 6% per annum on capital value of land at ₹3 per square foot on 17.07.1975. The Union appealed, and on 21.07.1978, the appeal was disposed of by a joint memo remanding the matter for fresh adjudication, with the compensation fixation of 10.01.1968 agreed to be final. The Supreme Court had earlier held that awards under the DIA were not appealable. The appellants later filed a writ petition seeking de-requisition, which was dismissed by the High Court. The Supreme Court upheld the High Court's decision, holding that the appellants' remedy lies in seeking compensation enhancement, not de-requisition, as the property was not released within the statutory period. The Court noted that the compensation had been determined and the appellants had not challenged the award. The appeal was dismissed.
Headnote
A) Requisition Law - De-requisition - Section 6(1A) Requisitioning and Acquisition of Immovable Property Act, 1952 - The appellants sought release of their lands requisitioned under the Defence of India Act, 1962, which were deemed to be requisitioned under the Requisitioning Act. The High Court rejected the claim, leaving it open to the Union to initiate acquisition proceedings. The Supreme Court upheld the High Court's decision, holding that the appellants' remedy lies in seeking compensation enhancement, not de-requisition, as the property was not released within the statutory period. (Paras 1-10) B) Requisition Law - Compensation - Section 8 Requisitioning and Acquisition of Immovable Property Act, 1952 - The arbitrator determined compensation at 6% per annum on capital value of land assessed at ₹3 per square foot. The Union's appeal was disposed of by a joint memo remanding the matter for fresh adjudication, with the compensation fixation of 10.01.1968 agreed to be final. The Supreme Court noted that the compensation had been determined and the appellants had not challenged the award. (Paras 5-9) C) Requisition Law - Deemed Requisition - Section 25 Requisitioning and Acquisition of Immovable Property Act, 1952 - The Defence of India Act, 1962 lapsed on 10.01.1968, and by virtue of Section 25, properties requisitioned under the DIA were deemed to be requisitioned under the Requisitioning Act. The Court held that the deeming provision continued the requisition and the compensation determined under the DIA was saved. (Paras 3-4)
Issue of Consideration
Whether the appellants are entitled to de-requisition of their lands under the Requisitioning and Acquisition of Immovable Property Act, 1952, given that compensation has been determined and the property has not been released.
Final Decision
The Supreme Court dismissed the appeal, upholding the Karnataka High Court's judgment. The Court held that the appellants' remedy lies in seeking compensation enhancement, not de-requisition, as the property was not released within the statutory period under Section 6(1A) of the Requisitioning and Acquisition of Immovable Property Act, 1952.
Law Points
- Requisitioning and Acquisition of Immovable Property Act
- 1952
- Section 6(1A)
- Section 8
- Section 25
- Defence of India Act
- 1962
- Section 30
- De-requisition
- Compensation
- Arbitrator's Award
- Finality of Compensation
