JUDGMENT

KANIA, J. :— The hearing before us now relates to certain objections filed to the Award made by Shri A. C. Gupta a former Judge of this Court who was appointed the sole arbitrator to adjudicate upon the dispute between the parties pursuant to the Order of this Court dated 18th November, 1987* in the circumstances asset out hereinafter. In order to appreciate the objections, it is necessary to refer to certain facts.

* Reported in (1988) 1 JT 12 (SC).

2. The Settlement Commissioner, Government of India allotted Plot No. 631 at Chitranjan Park, New Delhi measuring, 160 sq. yds. to the respondent under the Settlement Scheme for the refugees from Pakistan for a total price of Rs. 4,800/-. This allotment was made by the Settlement Commissioner on behalf of the Rehabilitation Department of the Government of India. The respondent applied for a loan from the Ministry of Defence for construction of the house on the said plot and a loan of Rs. 15,000/- was sanctioned in his favour. Under the House Construction Rules of the Government, the plans and estimates had to be submitted along with the application and the sanctioned amount was to be paid in four instalments at different stages