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PETITIONER: INDER SINGH & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ANR.

DATE OF JUDGMENT02/11/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  Supl.  (4) 282 JT 1995 (8)   555  1995 SCALE  (6)467

ACT:

HEADNOTE:

JUDGMENT: O R D E R      Leave granted.      The 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.      The   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.      In 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 arbitrator.      The appeal is accordingly dismissed. No costs.