http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: UNION OF INDIA & ORS.

       Vs.

RESPONDENT: SMT. SATYAWATI & ORS.

DATE OF JUDGMENT:       12/01/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (1)   674        1996 SCALE  (1)SP34

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R C.A. Nos. 2361-62, & 2363 of 1996 ----------------------------------- [@ SLP Nos. 5775-76 & 5780/88]      Leave granted.      Mr. Sanjay  Sarin, learned  counsel appearing  for  the respondents has  brought to  our notice that pursuant to the directions of  the High  Court, arbitrator  had already been appointed and he gave his award. Against the award, appeals, have been  filed in  the High  Court and  they are  pending. Under these  circumstances, it  is open to the appellants to raise all  the contentions  raised in  these appeals, in the High Court  and the  High Court  would deal with and dispose them of  according to law. Accordingly, we do not think that these are cases for our interference at this stage.      The appeal are accordingly dismissed. No costs. C.A. Nos. 2364, 2365-66 & 2367-78 --------------------------------- [@ SLP Nos. 5774, 5777-78 & 5781-92]      Leave granted.      The controversy  raised  in  these  cases  is  squarely covered by  the judgment  of this  Court in Union of India & Ors. v.  Munsha &  Ors. [JT  1995 (8) SC 289]. Following the judgment, we  are constrained  to hold  that since no action has  been  taken  by  the  claimants  in  communicating  the objections for  not accepting  the  award  within  the  time prescribed under  the law,  it must be deemed that they have accepted the  award, Consequently,  the omission  to appoint the arbitrator  under Section  8 [1] (b) the Requisition and Acquisition of Immovable Property Act, 1952 read with Rule 9 [1] of the Rules made under that Act, is not vitiated by any error of  law. The  High Court,  therefore, was not right by directing in  the  impugned  order  the  appointment  of  an arbitrator.      The appeal  are allowed. The order of the High court in the respective writ petitions is set aside. No costs.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2