JOGESWAR BHOI Vs. JIBARDHAN BHOI

JUDGEMENT

(1.) THIS is an appeal from an order, dated 23 -7 -1962 of the Arbitrator, appointed under the provisions of Orissa Act, XVIII of 1948, to decide the quantum and apportionment of compensation payable in respect of certain lands acquired for the well known Hirakud Dam Project.

(2.) THERE were two rival claimants for the compensation. On 23 -3 -1961 the Arbitrator passed an ex parte award in favour of the Respondent. The Appellants then filed an application for setting aside the ex parte award and also examined some witnesses. The learned Arbitrator after discussing the evidence held that there was no sufficient ground for his absence on the date fixed. Hence he rejected his application to set aside the ex parte award.

(3.) MR . R. Das for the Appellant however relied on the provisions of Rule 16 of the Rules framed under Orissa Act, XVIII of 1948, which runs as follows: