EAST INDIA FILM STUDIOS Vs. P K MUKHERJEE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for an appropriate writ directing the respondents Nos. 1 and 2 to withdraw or cancel an order of revocation of appointment of an arbitrator dated 24-11-1951 and for direction upon the said respondents to forbear from giving effect to that order.

(2.) THE petitioner carries on business of production and exploitation of films and for the purpose of such business he has his building, studio laboratory situated at Tollygunge in the suburbs of Calcutta. In the year 1942, the building, studio, laboratory and the garages belonging to the petitioner were requisitioned by the Government under the Defence of India Act, 1939. As no agreement could be reached between the petitioner and the Government as to the compensation payable in respect of the requisition, a reference was made by the Collector under the provisions of Section 19, Defence of India Act by an order made on 20-6-1944 and this reference was registered as Land Acquisition Case No. 41/44.

(3.) IT is alleged in the petition that since the inspection, considerable repairs and improvements and alterations have been made to the premises in question and the character of the property has been considerably altered as a result of the same. After the said inspection the hearing was further continued on 7-2-1951 and 8-2-1951. On the last mentioned date, an objection was taken for the first time by the lawyer appearing for the Government that the reference to the arbitrator was not sufficiently comprehensive and so all the disputes relating to the question of compensation could not be entertained by him.