:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.544 OF 1991 Dr. N.B. Parulekar and ors. ..Appellant. Vs. Shanta N. Parulekar and ors. ..Respondents. Mr. Nitin Mhatre for the Appellant. Mr.B.H.Mehta,AGP. for the State. Mr.S.P.Kadam for the Respondent No.1A. CORAM: R.S. MOHITE, J. DATE : 25th June,2008 ORAL JUDGMENT : 1. This is a first appeal filed by the trustees of the Sakal Charity trust impugning a judgment and order passed by the Extra Joint Judge & Arbitrator, Pune on 23.2.1983 in Arbitration Case No.1/1971. 2. The facts of the case were as follows. a) About 47 Acres of land situated at Village Aundh were requisitioned by the Govt. of India by an order dated 30.12.1964 under Section 75(A) of the Defence of India Act,1940 for A.N.C.T. project. While so requisitioned, they were acquired under Notification dated 17.12.1964 issued under Section-7(1) of the Requisitioning and Acquisition of Immovable Property Act,1952. The Collector of Pune as Competent Authority by his order dated :2: 31.3.1970 determined the price of the lands acquired at the average rate of Rs.10,000/- per acre and has awarded the compensation according to the area of the lands acquired from to various claimants. That some of the owners of the land did not accept the award and objected to the same on various grounds. Therefore, Govt. has appointed Arbitrator in exercise of the powers of the Central Government under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act No.XXX of 1952. The same arbitration was numbered as Arbitration Case No.1/1971 and by the impugned judgment and award the Arbitrator worked out the entitlement of the 16 claimants in respect of various lands. 3. This appeal however, only challenges entitlement of claimant No.2 Mrs. S.N.Parulekar who was the wife of Claimant No.1 i.e. N.G.Parulekar. It is contended that amount of Rs.1,19,140/- being compensation of land Survey No.83/part acquired on 17.12.1964 was wrongly awarded to claimant No.2 and ought to have been awarded to claimant No.1. It is brought to my notice that both the claimants 1 and 2 in their claim statement have taken common stand that the land bearing Survey No.83 Part was really the land of Dr. N.B. Parulekar and was wrongly shown in the name of claimant No.2. From the :3: record, it was pointed out that by trust deed dated 31.7.1972 Survey No.79 part was settled in trust in the name of Sakal Charity Trust. The Advocate appearing for Claimant No.2 accepts this position. In the circumstances, First Appeal No.544/1991 is allowed. The impugned judgment and award dated 23.3.1983 is confirmed with a substitution of the words in Para-2 of the Award with the words "It is held that the Claimant No.1 (present appellant) will be entitled to sum of Rs.1,19,140/- as compensation for land survey No.83/Part acquired as on 17.12.1964". First appeal stands disposed off accordingly. There will be no order as to costs. (R.S. MOHITE, J.)