1. Since common questions are involved in these Arbitration Requests, by agreement of parties, these Arbitration Requests are disposed of by this common judgment.

2. The question involved in these Arbitration Requests is whether any dispute or difference between the Government or their officers on the one hand and the grantee of a patta and order of assignment of land on registry for rubber cultivation under the Rules for the Assignment of Government Land for Rubber Cultivation, 1960 (hereinafter referred to as the ‘Rules for Rubber Cultivation’) or his successors in interest on the other, is arbitrable under the Arbitration and Conciliation Act, 1996 by the District Collector as provided in the order of assignment of land on registry for rubber cultivation or whether the arbitration clause would not apply in a case where the assignment on registry is proposed to be cancelled.

3. The applicants in A.R.No.43 of 2010 are the successors in interest of Sri. Ouseph Thoma. Land was assigned on registry to Ouseph Thoma under the Rules for Rubber Cultivation. It is stated that originally the lands were licensed for rubber cultivation, for a period of ten years. On completion of the original period of ten years, the land in question was assigned on registry to Ouseph Thoma. The ownership and possession of the property vested in the applicants by subsequent transfers.

4. The case of the applicant in A.R.No.44 of 2010 is that the land involved therein was assigned on registry under the Rules for Rubber Cultivation in favour of one K.A. Joseph. Originally, the land was licensed to him for a period of ten years for rubber cultivation. On completion of the period of ten years, the land was assigned on registry to K.A. Joseph. By change of hands the ownership and possession of the property came to vest in the applicant.

5. The case of the applicant in A.R.No.45 of 2010 is that the land involved therein was assigned on registry under the Rules for Rubber Cultivation in favour of T.V. Cherian and Ouseph Varghese. Originally, the land was licensed to them for a period of ten years for rubber cultivation. On completion of the period of ten years, the land was assigned on registry to T.V. Cherian and Ouseph Varghese. By change of hands, the ownership and possession of the property came to vest in the applicant.

6. In the aforesaid three cases, the assignees were granted Annexure A1 patta. An order of assignment of land on registry for rubber cultivation was also issued to the respective assignees. Those assignees, as stated earlier, were granted licence for rubber cultivation for a period of ten years under the Rules for Rubber Cultivation and on expiry of the period of ten years, the land was assigned on registry under Rule 8 of the Rules for Rubber Cultivation. Annexure A1 patta and the order of assignment of land on registry were issued in their favour.

7. The patta contains the following conditions:

“1. The assignee shall not use the land or suffer it to be used except for the purpose for which it is assigned.

2. The assignee shall permit the Officers of Government to enter upon the lands aforesaid to inspect periodically the condition of the land.

3. The assignee shall be liable to pay:-

(i) Value of the land at 16% of the rate per acre fixed by Government subject to a minimum of Rs.40 per acre.

(ii) 25 percent of the land value arrived at 16 percent as mentioned in condition (i) above as a premium in consideration of the loss of Forest Revenue to Government.

(iii) Survey and demarcation charges of the assigned land as fixed by Government.

(iv) Principal and interest due on the loans taken from Government.

4. All amounts due to Government as mentioned above shall also be a charge on the land.

5. All established rights of way and other easement rights shall be respected by the assignee.

6. Land Revenue or any other tax or fee levied in lieu thereof on the land will be liable for revision.

7. Any difference in the land