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2011 DIGILAW 436 (JHR)

Barid Baran Banerje v. State of Jharkhand

2011-05-13

PRAKASH TATIA

body2011
Order Heard learned counsel for the applicant. Nobody appeared on behalf of respondent -State. 2. In C.W.J.C No. 509 of 1992 (R), Annapurna Banerjee vs. The State of Bihar, the Division Bench of this Court, vide order dated 24.2.1992 disposed of the application with a direction to the respondent-State and its authorities concerned to constitute the Board to Arbitrator for consideration of payment of compensation to the petitioner in respect of acquisition of raiyati lands in the village Ara in the same manner as it has been done in respect of two other villages, Jagdishpur and Marar. But when the Board was not constituted, a contempt petition being M.J.C. No. 308 of 1992(R) was preferred. In the said contempt petition, the State came up with a notification (Annexure-2), which was published in the Gazette dated 3.7.1995, whereby the Arbitration Board was constituted consisting of its Chairman, Hon'ble Mr. Justice S.K. Choudhary (Retired), and two members, Director, Land Acquisition and Sri Vishwa Dev Narain Singh, member nominated by the petitioner's predecessor. 3. The present application has been filed under Section 11 (6)(c) of the Arbitration and Conciliation Act, 1996, for appointment of a new Arbitration Board, on the ground, that the Chairman of the Board, Hon'ble Mr. Justice S.K. Choudhary has expired and the then Director, Land Acquisition, Bihar has retired and the third arbitrator has shown his inability to proceed with the arbitration proceeding. The applicant has suggested names of three arbitrators and one may be appointed as Chairman of the Arbitration Board but learned counsel for the applicant submitted that Hon'ble Mr. Justice Satyeshwar Roy is not feeling well, therefore out of the remaining two former Judges of the Patna High Court, an arbitrator may be appointed. 4. I perused the reply filed by the State and it is apparent from the reply that the facts are not in dispute but the respondents have filed the reply as to contest the claim of the applicant on merit which is not the subject matter which comes within the scope of Section 11 (6)(c) of the Arbitration and Conciliation Act, 1996. Once the arbitration proceeding is started, it is necessary to see that the arbitration proceeding may proceed if there is no fault of the petitioner. 5. Therefore, it is appropriate to appoint Sri S.K. Chattopadhyay, former Judge, Patna High Court as the Chairman of the Arbitration Board. Once the arbitration proceeding is started, it is necessary to see that the arbitration proceeding may proceed if there is no fault of the petitioner. 5. Therefore, it is appropriate to appoint Sri S.K. Chattopadhyay, former Judge, Patna High Court as the Chairman of the Arbitration Board. So far, other two members of the Board are concerned, the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand is directed to nominate an officer not below the rank of Director, Land Acquisition as one of the members and for the third member, the petitioner is permitted to suggest a panel of arbitrators and State may also give a names of arbitrators to petitioner and they may select the arbitrator amicably within a period of one month from the date of passing of this order. In case they fail to nominate the third arbitrator by consent, the petitioner will be at liberty to move the application. After formation of the Arbitration Board, the arbitration proceeding may be concluded within three months. The arbitration fee would be decided by the arbitrators themselves. 6. The application is accordingly, allowed.