Law:

Section:

(a) East Bengal (Emergency) Requisition of Property Act 1948, S. 7-Agreement as to compensation to be valid must be between Provincial Government and claimant-Assessment of compensation by District Magistrate-Not a compliance with provisions of S. 7. Held, that an agreement to be a valid agreement within section 7 should be between the claimant on the one side and the Provincial Government on the other. Where immovable property is involved, no compensation can be validly claimed except such as has the sanction of the Provincial Government. Where a final assessment of compensation was made by the District Magistrate. Held, that such assessment could not be regarded as con­stituting, in any respect, compliance with the requirements of section 7. It was made by the District Magistrate, and no finality can be claimed for it, as compensation under section 7, unless it be established that it was agreed upon between the claimant on the one side and the Provincial Government on the other. The function of agreeing as regards the amount of compensation was not one which the District Magistrate was competent to exercise ; it could only be performed by the Provincial Government itself. (b) East Bengal (Emergency) Requisition of Property Act 1948, S. 7-B -Duty of District Magistrate to procure sum award­able as compensation-Writ of mandamus can issue against Magistrate. It must be assumed that the Legislature had in mind that requisition might be made under the Act at the request of any Department of the Provincial Government and several Departments of the Central Government as well, and that for the purpose of complying with this duty under section 7-B of the Act, the District Magistrate would be required to undertake the responsi­bility of procuring the necessary sum payable by way of compen­sation, from the Department concerned, for payment to the proper claimant. That duty is clearly implicit under the terms of section 7-B and it is impossible to endorse the opinion that a writ to enforce the duty of payment of compensation cannot be issued to the District Magistrate, unless the claimant satisfies the Court that the District Magistrate has in his possession the…

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