HARINARAYAN & ORS. versus UNION OF INDIA & ANOTHER

HARINARAYAN & ORS. versus UNION OF INDIA & ANOTHER

Compensation for acquisition of requisitioned property must be determined under s.8(3)(a) of the 1952 Act, not s.8(3)(b), as (b) is arbitrary and has been deleted by amendment. The year of requisition is not 1952 but continues from the original date under the Defence of India Act, sustained through subsequent legislation.

Parties
Appellants: Harinarayan & Ors.; Respondents: Union of India & Another
Jurisdiction
India
Judgment Date
23 August 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Patna High Court Decision
Outcome
Appeal allowed; judgment of High Court set aside
Legal Topics
Compensation, Requisition, Acquisition of Immovable Property
Property Law Constitutional Law Compensation Requisition Acquisition of Immovable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harinarayan & Ors.

Appellants

Union of India & Another

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Patna High Court Decision

Legal Issues

  1. 1 Whether compensation on acquisition of requisitioned property should be determined under s.8(3)(a) or (b) of the Requisitioning and Acquisition of Immovable Property Act, 1952
  2. 2 Whether requisitioning under the Defence of India Act, 1939 continued until acquisition under the 1952 Act

Ratio Decidendi

Compensation for acquisition of requisitioned property must be determined under s.8(3)(a) of the 1952 Act, not s.8(3)(b), as (b) is arbitrary and has been deleted by amendment. The year of requisition is not 1952 but continues from the original date under the Defence of India Act, sustained through subsequent legislation.

Court Disposition

Appeal allowed; judgment of High Court set aside

Orders

  • Compensation to appellants must be determined under section 8(3)(a) of the 1952 Act
  • If parties cannot agree, Central Government shall appoint an Arbitrator under section 8 of the 1952 Act