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april 1987

Supreme Court of India · 1987-04-28

GALIB BIN AWAZ vs MOHD. ABDUL KHADER AND ORS.

Citation / case number
SC 1986/69756
Court
Supreme Court of India
Petitioner
GALIB BIN AWAZ
Respondent
MOHD. ABDUL KHADER AND ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952, an arbitrator is appointed by the Central Government to determine compensation when no agreement exists. The Court clarified that the interest of a protected tenant, as defined in Section 2(r) of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, is established through continuous tenancy for six years prior to 1948. The Court upheld the arbitrator's decision granting the respondent sixty percent of the compensation, affirming that the determination of protected tenant status falls within the arbitrator's jurisdiction as per Section 8 of the Central Act.

GALIB BIN AWAZ vs MOHD. ABDUL KHADER AND ORS. · Niyam