TMI Blog1990 (1) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... and order of the High Court of Karnataka. The facts leading to the present appeal are these. Some lands, the extent and description of which is not material here, belonging to the first respondent in either of these two appeals, were requisitioned by the Union of India under Section 29 of the Defence of India Act, 1962 (hereafter referred to as the Defence Act) by issuing a notification to that effect on April 8, 1963. The possession of such lands was taken by the military authorities on May 28, 1963. The competent authority, being the Deputy Commissioner of the district, fixed ₹ 280 per acre per annum as crop compensation. Respondent No. 1 was not satisfied with the measure of compensation. He sought a reference from the competen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Defence of India and Civil Defence and other connected matters. It had been passed when the Requisitioning Act was already in force. Under the provisions of both the Acts, immovable property could be requisitioned. Reference for the purpose may be had to section 3 of the Requisitioning Act and Section 29 of the Defence Act. Under both Acts compensation on such requisi- tion is determinable and payable and any person interested, being aggrieved by the amount of compensation so determined, can have an Arbitrator appointed to determine compensation. The award of the Arbitrator on such determination under Section 8 is appealable under Section 11 of the Requisition- ing Act before the High Court within whose jurisdiction the requisitioned pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all apply to the payment of compensation in respect of that property for any period of requisition as from the said date; (b) anything done or any action taken (including any orders, notifications or rules made or issued) by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, in exercise of the powers conferred by or under Chapter VI of the Defence of India Act, 1962, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this section was in force on the date on which such thing was done or action was taken. (2) Save as otherwise provided in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning Act provided an appellate forum challenging the same. The objection was met on the argument that the word 'determination' when considered in the context of the proviso, meant 'final determination' and not merely determination of compensation at the level of the competent authority. The High Court, as said before, upheld the objection, dismissing the appeals. It is settled law that the right of appeal is a substantive right conferred on a party by the statute. The confer- ring of right of appeal is not circumscribed by the right being available at the time of the institution of the cause in the court of the first instance. The right of appeal in a given situation may already be available at the institution of the cause i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emingly a requisition by the competent authority under the Requisitioning Act and since all the provisions of the said Act applied to such a requisition, the payment of compensation as from January 10, 1968, became appealable as an appeal is provided under this Act. In that sense, the word 'determination', so far as it related to the period of requisition prior to January 10, 1968, was a determination, final in character whether it was right or wrong as having been made under the Defence Act. But for the period thereafter, the word 'determination' in the context would mean 'final determination' i.e. the determination of the competent authority if unchallenged and becoming final, and if appealed against, final determi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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