JAMMU DEVELOPMENT AUTHORITY Vs. BANSI LAL SHARMA

JUDGEMENT

(1.) This appeal is directed against order dated 11-1 1-2011 passed by Principal District Judge, Jammu in an arbitral proceedings/application for setting aside award dated 21-5-2006 on the grounds taken in the memo of appeal. Brief facts :

(2.) Lease deed was executed between the parties for the land measuring 2 kanals 5 marlas situated at Fruit Market, Narwal, Jammu which was allotted by appellant in favour of respondent against a payment of L 4.70 lacs, Respondent after taking over possession of the said land, started raising construction, which was objected by railway authorities, constraining him to file OWP No. 1048/2000 titled Bansi Lal Sharma v. Union of India and others, before this Court. Said petition was granted with a direction to appellant to conduct demarcation of the land in dispute. After conducting demarcation, it was found that some portion of the land allotted to respondent was in possession of rail- way authorities. In order to settle the matter, alternate site was allotted to respondent. Respondent after taking over possession of the same, filed Arbitration Petition claiming therein payment of compensation for the construction raised over the plot earlier allotted to him by the Jammu Development Authority. Accordingly, Sh. Dev Raj Sharma, Retd., District Judge, was appointed as Arbitrator, who after examining the report of Valuer, namely, Sh. C.P. Gupta, made award dated 21-5-2006 in favour of respondent against appellant to the tune of L 22,73,382/- which constrained appellant-JDA to lay motion before Principal District Judge, Jammu for setting aside award dated 21-5-2006. Said application came to he dismissed vide impugned order dated 11-11-2011.

(3.) It is contended that both award and impugned order are bad in law on the ground that respondent is claiming compensation of the structure raised in violation of the approved plan. It is also contended that prime land was allotted to respondent and he after accepting the same, cannot lay notion for compensation of the structure raised over the disputed land. In terms of order passed by this Court in OWP No. 1048/2000, appellant was directed to allot alternate land or return the money to respondent to which. respondent chose to claim alternate site. Accordingly, same was allotted to respondent.