PRADEEP OIL CORPORATION Vs. NORTHERN RAILWAYS

JUDGEMENT

(1.) THE petitioner, M/s. Pradeep Oil Corporation was allotted lands measuring 41280 Sq. Ft., 62156 sq. ft. and 216.35 sq. ft., by the respondent for the purpose of constructing an oil depot at Rohtak Road, Shakur Basti, New Delhi vide conveyance deeds dated 15th January, 1975 and 3rd January, 1978.

(2.) THE respondent is the northern division of the Indian Railways, which is wholly run by the Ministry of Railways. These deeds contained an arbitration clause which reads, "In the event of any question, dispute or difference arising under these presents or in connection with (except as to any matters the decision of which is specifically provided for by these presents), the same shall be referred to the sole arbitration of a officer appointed to be the arbitrator by the Divisional Superintendent, Northern Railway, Delhi. It will be no objection that the arbitrator is a Government servant, that he had to deal with the matters to which these presents relate to that in the course of his duties as a government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties."

(3.) THE respondents further filed a writ petition challenging these orders, which was eventually dismissed by the Delhi High Court on 25 th November 2011, stating that, the Railways must continue this matter by initiating fresh proceedings of ejectment. However, the respondent took no further action in this regard. On 7th May 2011, railway officials came to the property and proceeded to demolish the constructions put up by the petitioner.