TMI Blog2010 (10) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Calcutta was requisitioned by the State Government under Section 3 of the Act. After taking possession of the requisitioned premises, the State Government transferred the same to the appellant. 3. Since the amount of compensation payable to respondent No.1 in lieu of the requisition of its property could not be fixed by agreement, the State Government appointed an Arbitrator under Section 11(1)(b) of the Act. Though, the appellant had no role to play in the matter of determination of compensation payable to respondent No.1, on being asked by Ist Land Acquisition Collector, Calcutta, the appellant got itself impleaded as party in the arbitration proceedings. 4. By an award dated 1.1.2003, the Arbitrator held that the State Government is liable to pay as compensation ₹ 1,60,21,126/- for the covered area and ₹ 54,82,076/- for the open space with interest at the rate of 18% per annum. 5. During the pendency of the arbitration proceedings, the appellant represented to the State Government for appointment of a new Arbitrator by asserting that a retired judicial officer cannot be appointed to act as an Arbitrator. Thereupon, Assistant Secretary, Land Land Reforms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Arbitrator. Shri Ganguli distinguished the judgment of this Court in U.P. Awas Evam Vikas Parishad v. Gyan Devi (supra) by pointing out that definition of the expression `person interested' contained in Section 3(b) of the Land Acquisition Act, 1894 (for short, `the 1894 Act') is inclusive whereas the definition of the said expression contained in Section 2(d) of the Act is exhaustive. 9. We have considered the respective submissions. Sections 2(d), 3(1), 6, 11, 12 and 13 of the Act and Rules 7, 8, 9, 10, 13 and 15 of the Rules, which have bearing on the decision of this appeal read as under: The W.B. Premises Requisition and Control Act, 1947 2. Definitions.-- In this Act, unless there is anything repugnant in the subject or context,-- (d) persons interested means any person claiming an interest in compensation payable on account of requisition of any premises under this Act; 3. Power to requisition.-- (1) Whenever it appears to the State Government that any premises in any locality are needed or are likely to be needed for any public purpose, it may, by order in writing, requisition such premises either with or without any or all of the furniture, if a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd (c) the damage or loss of income (if any) sustained by the person interested between the date of service of the order under sub-section (1) or under clause (b) of sub-section (3) of section 3, as the case may be, on such person and the date when the Collector takes possession of the premises. 13. Persons with whom agreement is to be entered into. -- The Collector shall enquire into the respective rights of all persons interested in the premises and shall decide whether the compensation shall be paid to any such person periodically or in lump. The compensation is to be paid periodically the Collector shall, having regard to the terms and conditions under which the premises may have been let out to a tenant, also decide whether the agreement for payment of compensation referred to in section 11 shall be entered into with such tenant or with the immediate landlord of such tenant. Rules: R.7. The appointment of an Arbitrator under Clause (b) of Sub-Section (1) of Section 11 shall be made by the State Government by a notification in the Calcutta Gazette to exercise jurisdiction over any specified area or in respect of any specified case or cases. R.8. Where the amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficient cause for not preferring the appeal within the said period. 10. An analysis of the above reproduced provisions shows that in terms of Section 3, the State Government can requisition any premises needed or likely to be needed for any public purpose. Section 6 provides for disposal of premises after the same are requisitioned under Section 3(1). Under that section, the State Government has been bestowed with the power to use or deal with the requisitioned premises for the specified public purpose. Section 11(1) postulates payment of compensation for the requisitioned premises. The amount of compensation is required to be determined by either of the two modes prescribed therein. If the parties voluntarily enter into an agreement on the quantum of compensation, the amount is to be paid in accordance with such agreement. If there is a tenant in the requisitioned premises then in terms of Section 13 the Collector is required to decide whether the agreement for payment of compensation shall be entered into with the tenant or with the immediate landlord of such tenant. In case the parties cannot agree on the quantum of compensation, the State Government is required to appoint a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nominate an assessor. In terms of Section 11(1)(d), only the State Government and the person to be compensated have the right to state their respective opinions as to the fair amount of compensation. The person to whom the requisitioned premises are transferred has no role in any one of these matters. The use of expression `the person to be compensated' in clauses (c) and (d) of Section 11(1) clinches the issue. A person like the appellant certainly does not fall in the category of the person to be compensated. 12. As a sequel to the above, it must be held that a person for whose benefit the premises are requisitioned or to whom the requisitioned premises are transferred does not have any locus to participate in the process of determination of compensation by agreement, or in the matter of appointment of an Arbitrator or reference of case to the Arbitrator or nomination of an assessor. A person like the appellant can neither submit opinion under Section 11(1)(d) as to the fair amount of compensation nor the Arbitrator is obliged to give notice and opportunity of hearing to such person under Section 11(1)(e) read with Section 12(a), (b) or (c). Therefore, such person is neit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional institutions falling in the categories specified in Rule 2(b) and other educational institutions are not comprehended. Insofar as engineering colleges are concerned, their exclusion may be for the reason that the opening and running of the private engineering colleges are controlled through the Board of Technical Education and Training and the Director of Technical Education in accordance with the directions issued by the AICTE from time to time. In Bharat Cooperative Bank (Mumbai) Ltd. v. Employees Union (2007) 4 SCC 685, this Court again considered the difference between the inclusive and exhaustive definitions and observed: When in the definition clause given in any statute the word means is used, what follows is intended to speak exhaustively. When the word means is used in the definition it is a hard-and-fast definition and no meaning other than that which is put in the definition can be assigned to the same. On the other hand, when the word includes is used in the definition, the legislature does not intend to restrict the definition: it makes the definition enumerative but not exhaustive. That is to say, the term defined will retain its ordinary meanin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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