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Judgment
Anjani Kumar, J.—Heard learned Counsel appearing on behalf of the parties.
Learned Counsel appearing on behalf of the petitionersState of U.P. argued that in view of the provision of Section 37 of the Defence of India Act, 1962 (hereinafter referred to as the ''Act''), it was not open to the Arbitrator appointed under subsection (2) of Section 37 of the Act to enhance the compensation beyond the double of what has been awarded by the appropriate/competent authority. Section 37 of the Act aforesaid is quoted below:
�37. Compensation or acquisition of requisitioned property. (1) The compensation payable for the acquisition of any property under Section 36 shall be?
(a) the price which the requisitioned property would have fetched in the open market if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition, or
(b) twice the price which the requisitioned property would have fetched in the open market if it had been sold on the date of the requisition,
whichever is less.
(2) Where any person interested is aggrieved by the amount of compensation determined in accordance with Subsection (1), he may make an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator appointed in this behalf by the Central Government or the State Government, and the amount of compensation to be paid shall be such as may be determined by the arbitrator in accordance with Subsection (1).�
A perusal of Subsection (2) of Section 37 of the Act aforesaid, reproduced above, clearly demonstrates that there is no such restriction. In these circumstances, the argument advanced on behalf of learned Counsel for the petitioners cannot be accepted. No other argument has been advanced by learned Counsel for the petitioners.
In view of what has been stated above, this writ petition has no force and is accordingly dismissed. The interim order, if any, stands vacated. However, on the facts and circumstances of the case there will be no order as to costs.