STATE Vs. LILA DEVI

JUDGEMENT

(1.) SHRI Roshan Lal predecessor in interest of the respondents, purchased lot No. 2/64-66 of Chopal Forest Division along with other lots of Chopal and Rajgarh forest divisions in an open auction held on 7-2-1964 at Nahan for an amount of Rs. 5,40,000/-.

(2.) AN agreement (Ex. PX-1) regarding this sale of trees was entered into between Shri Roshan Lal and the Union of India. The agreement was signed by the Secretary (Forest) to the Himachal Pradesh Government Simla who also happened to be the Chief Conservator of Forests on behalf of Union of India. Clause 29 of the agreement provides that disputes between the parties were to be referred for arbitration to the Deputy Commissioner Sirmour district or should he be unable or unwilling to act, to such assistant as the said Deputy Commissioner shall appoint as sole arbitrator.

(3.) SHRI Roshan Lal was informed through a letter dated 12-7-1971 by the Chief Conservator of Forests that Dr. M.P. Gupta Conservator of Forests Kulu would act as an arbitrator to adjudicate the disputes. In this manner Dr. M.P. Gupta was appointed as an arbitrator with the consent of the parties.