BARID BARAN BANERJE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the applicant. Nobody appeared on behalf of Respondent-State.

(2.) In C.W.J.C. No. 509 of 1992 (R), Annapurna Banerjee v. The State of Bihar, the Division Bench of this Court, vide order dated 24.02.1992 disposed of the application with a direction to the Respondent-State and its authorities concerned to constitute the Board to Arbitrator for consideration of payment of compensation to the Petitioner in respect of acquisition of raiyati lands in the village Ara in the same manner as it has been done in respect of two other villages, Jagdishpur and Marar. But when the Board was not constituted, a contempt petition being M.J.C. No. 308 of 1992 (R) was preferred. In the said contempt petition, the State came up with a notification (Annexure 2), which was published in the Gazette dated 3.07.1995, whereby the Arbitration Board was constituted consisting of its chairman, Hon'ble Mr. Justice S.K. Choudhary (Retired), and two members, Director, Land Acquisition and Sri Vishwa Dev Narain Singh, member nominated by the Petitioner's predecessor.

(3.) The present application has been filed under Section 11 (6) (C) of the Arbitration and Conciliation Act, 1996, for appointment of a new Arbitration Board, on the ground/that the chairman of the Board, Hon'ble Mr. Justice S.K. Choudhary has expired and the then Director, Land Acquisition, Bihar has retired and the third arbitrator has shown his inability to proceed with the arbitration proceeding. The applicant has suggested names of three arbitrators and one may be appointed as Chairman of the Arbitration Board but learned Counsel for the applicant submitted that Hon'ble Mr. Justice Satyeshwar Roy is not feeling well, therefore out of the remaining two former Judges of the Patna High Court, an arbitrator may be appointed.