1995 INSC 0925
                                               Inder Singh and Others

                                                           Vs

                                            Union of India and Another

                                         Civil Appeal No. 10271 of 1995

                                       (K. Ramaswamy, B. L. Hansaria JJ)

                                                      02.11.1995

                                                        ORDER

1. Leave granted.

2. The appellant had sought appointment of an arbitrator under Section 8(b) 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.

3. The Land Acquisition Collector, the competent authority, had passed the award determining
compensation at varied rates, namely, Rs 5000, Rs 4200 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' From Agreement as per Rule 9(5)(i) of the Rules made under the
Act and accepted the compensation without protest. Section 8(b) of the Act requires appointment of
arbitrator when there is no agreement between the parties reached on the compensation determined
by the Land Acquisition Officer.

4. 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 are not entitled under Section 8(b) of
the Act for appointment of an arbitrator.

5. The appeal is accordingly dismissed. No costs.