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2006 Supreme(Del) 915

SANJAY KISHAN KAUL
Bhagwan Devi – Appellant
Versus
Chairman, Delhi Agrl. Mkg. Board – Respondent


Advocates appeared:
Mr. Ravi Gupta with Mr. Ankit Jain, Mr. Manu Bansal & Ms. Reema Kalra, Advocates for the Petitioner.
Mr. C.S. Parashar, Advocate for the Respondent.

Sanjay Kishan Kaul, J. (Oral) 1. The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the said Act') seeking appointment of an arbitrator to enter upon reference and adjudicate the disputes between the parties in view of the failure of the respondent to commence the arbitration proceedings despite notice dated 30.09.2004.

2. The facts leading to the present petition are briefly set out hereinafter. The petitioner had purchased the land situated in Village Mamurpur, Narela, Delhi in the year 1959, which was developed. A notification was issued under Section 4 of the Land Acquisition Act, 1891 on 30.10.1963 followed by a declaration under Section 6 of that Act on 10.01.1969. The acquisition proceedings were challenged by the petitioner in CWP No. 149/1987. The respondent herein was also impleaded as a party in view of the fact that the land was being acquired by the Government of India, for the benefit of the respondent.

3. The parties in the present petition entered into a settlement on 30.09.1988 when the writ petition was still pending and filed an application, which was registered as CM No. 4773/1988. The writ pet

















































































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