DEPUTY COMMISSIONER Vs. VALI AHMED SHERIFF

JUDGEMENT

(1.) This Appeal is by the Deputy Commissioner, Hassan, against the order of the Arbitrator, nominated by the State Government under Section VI of the Karnataka Contract Carriages (Acquisition) Act, 1976, for short (the Act).

(2.) The brief facts of the case are these:

(3.) Section 6 of the Act which provided for compensation and payment of compensation for the vehicle acquired under Section 4, to its owner reads: 6. Determination of the amount:- (1) For the vesting of the acquired property under Section 4, every person interested shall be entitled to receive such amount as may be determined in the manner hereinafter set out and as specified in the Schedule, that is to say - (a) where the amount can be fixed by agreement shall be determined in accordance with such agreement; (b) where no such agreement can be reached, the State Government shall appoint as arbitrator a person who is an officer not below the rank of a Divisional Commissioner or a District Judge; (c) the State Government may, in any particular case, nominate a person having expert knowledge as to the nature of the acquired property to assist the arbitrator and where such nomination is made, the person interested may also nominate an assessor for the same purpose;