This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by Shri Pashupati Gaushala, Sarna Doongar, Tehsil and District Jaipur through its Trustee Manager Shri Sita Ram Dass inter alia with the prayer for appointment of independent arbitrator to arbitrate in the matter of dispute with the respondent.

2. Dr. P.C. Jain, learned counsel for the applicant has submitted that applicant-Pashupati Gaushala, Sarna Doongar is a registered Gaushala under the Rajasthan Gaushala Act of 1960. Its certificate of registration is placed on record. The aforesaid Rajasthan Gaushala Act of 1960 received the assent of the President on 09.07.1960. The relevant provisions have been made in the said Act for maintenance of proper accounts and their audit with right of inspection by the Registrar and penalties for neglects and failures. The applicant has been running the gaushala in conformity with the provisions of the said Act. The said Act was enacted with a view to promote and protect “COW” which animal had attained national recognition in the field of agriculture as well as in the field of health since centuries. The Government of Rajasthan in exercise of powers conferred upon it, has framed Rajasthan Land Revenue (Allotment of Land for Gaushala) Rules, 1957. The applicant submitted an application to the State Government for allotment of land of khasra no.133 of Village Sarna Doongar for guashala. 11 acres of the land, out of that khasra was allotted to the applicant on the terms and conditions laid down in the Rules of 1957 by government order dated 10.8.1989 with a further direction to change the classification of the land of the said khasra from Charagah to Gaushala. The allotment was made with the consent of Jaipur Development Authority. Pursuant to the above government order, the Collector, Jaipur vide his order dated 11.09.1989 changed the classification of the said Khasra No.133 from “Charagah” and recorded 11 acres of land out of it as “Gaushala”, which was allotted to petitioner for purposes of Gaushala on the terms and conditions stated in the Rules. Allotment of land was accepted by the petitioner for which as per Rule 9 of the said Rules a lease deed as per Appendix ‘A’ with five parts as detailed thereunder was to be executed. Under Rule 10 of the said rules, it was specifically provided that the land so leased shall be separately shown as land leased out to Gaushala under these rules. Accordingly, the land so leased was shown in Jamabandi as land allotted to petitioner Gaushala w.e.f. 10.08.1989 and for a further period of ten years upto 10.09.1999.

3. Learned counsel for the applicant has submitted that Appendix-A lease deed as statutorily provided under the said published rules notified in gazette, the terms and conditions of the five parts have also been stated therein. It has been provided in the introductory part of the deed, which had to be executed by the Collector on behalf of the Government, “to hold the premises hereby granted and demised unto the lessee for the terms of 20 years with effect from and the lessee hereby covenants with the government as in Part-III expressed and the government hereby covenants with the lessee as in Part-IV expressed and it is mutually agreed between the parties in Part-V of these presents”. Applicant had accepted the allotment of the said land with the terms and conditions as laid down in Appendix ‘A’ lease deed with its five parts as statutorily prescribed and notified in gazette and thus publicly made known to the petitioner. This also includes Part- V which provides that “the lessor and the lessee hereby agree that in the event of any dispute arising between the lessor and the lessee in respect of the interpretation or compliance with the terms of the lease or the sufficiency thereof, or to any matter or things in any way connected with this agreement, the same shall be referred to arbitration in accordance with the provisions of the Arbitration Ac