HARINARAYAN & ORS. vs UNION OF INDIA & ANOTHER

The Supreme Court held that the requisitioning of property under the Defence of India Act, 1939 was validly continued under subsequent legislation, including the Requisitioning and Acquisition of Immovable Property Act, 1952, thus rejecting the argument that the year of requisition should be 1952. The Court found that the compensation determination under Section 8(3)(b) of the 1952 Act was arbitrary and therefore unsustainable, mandating compensation to be calculated under Section 8(3)(a) instead. Consequently, the High Court's decision upholding the Arbitrator's award was set aside, and directions were given for compensation under the appropriate provisions of the Act.