Inder Singh and Ors. v. Union of India and Anr.

737 A Leave granted. The appellant had sought appointment of an arbitrator under Section 8(h) 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 Acquisitior• 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 as per Rule 9(5)(i) of the Rules made under the Act and accepted and compensation without protest. Section 8(b) of the Act requires appointment of arbitrator when there is no agreement between the parties reached on the compen­ sation 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 arc not entitled under Section 8(b) of the Act for appointment of an arbitrator. The appeal is accordingly dismissed. No costs. G.N. Appeal dismissed.