STATE OF WEST BENGAL Vs. SOMENDRA KUMAR MITRA

JUDGEMENT

(1.) This is an application for grant of a certificate under Article 133 (1) of the Constitution for appeal to the Supreme Court from a judgment and decree of a Division Bench consisting of Amaresh Roy and S. N. Bagchi, JJ., dated the 29th June, 1970. The judgment disposed of seventeen revision applications and two appeals preferred against orders made by an Arbitrator appointed under Section 19 (1) (b) of the Defence of India Act, 1939.

(2.) Certain lands lying in the neighbourhood of Panagarh in the district of Burdwan were acquired for purposes of defence by the Government of Bengal in September 1943 in exercise of the powers conferred by Rule 75-A of the Defence of India Rules. As no agreement could be reached on the question of compensation payable for acquisition, the Central Government in exercise of the powers conferred by Section 19 (1) (b) of the Act appointed an Arbitrator to adjudicate on the quantum of compensation. The Arbitrator duly made his award for payment of compensation in each and every case at a specified rate. In two cases where the compensation exceeded the prescribed minimum, (Rupees Five Thousand) appeals were preferred against the award under Section 19 (1) (f) of the Act and in seventeen cases, where appeal did not lie, revision applications were filed in this Court.

(3.) It was contended on behalf of the State before the learned appellate court that no revision lies from an award made by an Arbitrator appointed under Section 19 (1) (b) of the Act having regard to the fact that an arbitrator is not a Court subordinate to the High Court and also because under Section 19 (1) (g) of the Act no other law for the time being in force, applies to arbitrations under the Act. The appellate court rejected these contentions and disagreeing with a judgment of a learned single Judge of the Madras High Court in Abboy Reddiar v. Collector of Chingleput, held that a revision application lies in the High Court against an order of an arbitrator appointed under Section 19 (2) of the Defence of India Act. Having held so, the learned Judges proceeded to dispose of the revision cases and the appeals on merits. By the order of the appellate court the rate of compensation was enhanced in each and every case.