Municipal Corporation Raipur Versus Deepak Kumar Shrivastava & Others

2010-01-13T07:48:00.000-08:00

IN THE HIGH COURT OF CHATTISGARH AT BILASPUR

Writ Petition C No 4909 of 2008

Municipal Corporation Raipur ...Petitioners

Versus

1 Deepak Kumar Shrivastava

2 Shivnandan Yadav

3 Rajesh Upadhyay Sarpanch

4 Dinesh Tiwari ...Respondents

Shri Sanjay K. Agarwal, Advocate for the petitioner

Honble Shri Satish K. Agnihotri J

Dated: 08/09/2008 : Judgement

WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA

O R D E R

(Passed on this 8th Day of September, 2008)

1. The petitioner, Municipal Corporation Raipur, has filed this petition challenging the validity and legality of the award dated 18.5.2008 (Annexure P/1), passed by the Arbitral Tribunal in Case No. 01/2008 (Deepak Shrivastava Vs. Nagar Palik Nigam).

2. The brief facts, in nutshell, are that earlier the respondent No.1 filed a Writ Petition (C) No. 257 of 2007 (Deepak Kumar Shrivastava Vs. Municipal Corporation & another), challenging the notice dated 1.2.2007 regarding eviction of the shop, issued by the Municipal Corporation, Raipur. The petition was disposed of by order dated 29.3.2007 (Annexure P/4), granting liberty to the petitioner to invoke the provisions of Section 387 of the Chhattisgarh Municipal Corporation Act, 1956 (for short `the Act, 1956'), for appointment of arbitrator. Accordingly, the respondent No.1 filed an application dated 1.9.2007 before the District Judge, Raipur for appointment of Arbitrator, which was registered as Miscellaneous Civil Suit No. 90/2007. By order dated 4.3.2008 (Annexure P/15), the District Judge, Raipur, allowed that application and appointed Shri Rajesh Upadhyaya, Advocate as Sarpanch to determine the compensation or damages. Being aggrieved, by the order dated 4.3.2008, the petitioner filed Civil Revision No. 88 of 2008, which is pending before this Court.

3. Accordingly, the Arbitral Tribunal, comprising Sarpanch and one Panch passed the award dated 18.5.2008 (Annexure P/1). The petitioner seeks quashing of this award.

4. Shri Sanjay K. Agarwal, learned counsel appearing for the petitioner submits that there is no provision under the Act 1956 to challenge the award of this nature where compensation has not been determined in respect of the land and building but in respect of compensation for removal of the tenant. Section 387(4) of the Act, 1956 provides that in any case where the compensation is claimed in respect of land and the Panchayat has given decision, either party, if dissatisfied with the award may apply to the District Court and the matter shall be determined by the District Court in accordance with the provisions of sub-section (3). Sub-section (5) of Section 387 of the Act, 1956 provides for reference to the District Court in respect of building. In the present case compensation awarded to the respondent No.1 was not in respect of land and building but for inconvenience caused to him by removal from the old place to the new place. Thus, the petitioner has no other alternative remedy except to approach this Court for the relief to set-aside the award passed by the Arbitral Tribunal.

5. I have heard learned counsel appearing for the petitioner and perused the documents appended thereto.

6. It is true that sub-sections (4) & (5) of Section 387 of the Act, 1956 makes a reference that a compensation in respect of land and building. In the present case, the tenant was in possession of the building which has been removed and in consequence thereto the tenant has been paid compensation by the Arbitral Tribunal. Even otherwise, under the provisions of The Arbitration and Conciliation Act, 1996 (for short `the Act, 1996'), Section 7 (2) deals with other arbitration also which are not provided in the contract or in the form of a separate agreement. Section 34

of the Act, 1996 provides for making an application for setting aside the arbitral award.

7. A constitution Bench of the Hon'ble Supreme Court in the matter of Saurabh Chaudri and others Vs. Union of India and others1, as per majority, observed as under:-

"36. ...A statute or any enacting provision therein must be so construed as to make it effective and operative "on the principle expressed in the maxim: ut res magis valeat quam pereat".(See CIT v. S. Teja Singh10 and Tinsukhia Electric Supply Co. Ltd. v. State of Assam11).

8. It is well settled principles of interpretation that the statute must be read as a whole, as the words are to be understood in their context. If compensation of any other nature is not mentioned under the provisions of the Act, 1956, and there is no specific exclusion to that extent, sub-section (4) and (5) of Section 387 of the Act, 1956 would be applicable with full force. If a contrary stand is taken, that may lead to chaos. If challenge to the award of compensation in respect of the land and building, an application/appeal can be made to the District Judge, in respect of other type of compensation, arising out of removal of a building, the respondent No.1 was in possession thereon, the same remedy is available.

9. After having examined all the facets of the case, the High Court is not appropriate forum to challenge the impugned award which involves disputed question of facts. The petitioner may seek appropriate remedy under the provisions of the Act, 1956 as well as under the provisions of the Act, 1996 before the appropriate forum, if so advised.

10. Without expressing any opinion on the merits of the case, for the reasons stated hereinabove, this petition is dismissed as not maintainable in limine. However, liberty is reserved to the petitioner to take recourse to the alternative statutory forum that may be available, under the provisions of law, if so advised.

J U D G E

PROFILE of Chhattisgarh

2008-08-15T21:25:00.000-07:00

Chhattisgarh, a 21st century State, came into being on November 1, 2000. Larger than Tamil Nadu, it is just the right size, and is also fortunate to have a low population density. Good Governance is the highest priority in this Fast Track State. There is both policy stability as well as political stability. Government has been kept small and the State is in excellent fiscal health.

Chhattisgarh is truly a land of opportunities. With all major minerals including diamonds in abundance, it is the richest State in mineral resources. There are mega industries in Steel, Aluminium and Cement. Chhattisgarh contributes substantially to the Human Resources of India. Several hundred students from the State qualify for admissions in prestigious academic institutions every year. Bhilai, the knowledge capital of the State, alone sends over 50 students to the elite Indian Institutes of Technology every year. A unique Private Universities Act has been passed to attract investments in quality higher-education.

Its large power surplus is attracting power-intensive industries, and the State is poised to become the power-hub of the nation. Its central location helps easy power transmission to any part of the country. The State is supplying power to Delhi ,Gujarat and Karnataka, among others. Chhattisgarh ranks high in terms of good industrial relations and labour productivity. There has been no labour unrest in either Bhilai or Korba, the Power capital, for several decades.

12% of India's forests are in Chhattisgarh, and 44% of the State's land is under forests. Identified as one of the richest bio-diversity habitats, the Green State of Chhattisgarh has the densest forests in India, rich wildlife, and above all, over 200 non-timber forest products, with tremendous potential for value addition.

The City of Bhilai with its modern and cosmopolitan lifestyle is just 30 km from Raipur, the State capital. A new world-class capital city is to come up near Raipur's airport. Raipur is at the centre of the rail and road routes between Mumbai and Kolkata, and is well connected to Delhi and Chennai. Bilaspur's Railway Division is the most profitable Railway operation in the country, contributing 17% of the revenues of Indian Railways.

One third of Chhattisgarh's population is of tribes, mostly in the thickly forested areas in the North and South. The central plains of Chhattisgarh are known as the “Rice Bowl” of Central India. Female literacy has doubled in the last decade, and male literacy is higher than India's average. Gender ratio is next only to Kerala.

Bastar is known the world over for its unique and distinctive tribal heritage. The Bastar Dassera is the traditional celebration of the gaiety of our tribals. All of Chhattisgarh has many virgin, unexplored tourism destinations.

Above all, the State's biggest asset is its 208 lakh people. The people are friendly, open, warm and industrious. Chhattisgarh has an enviable record of social harmony and maintenance of public order. Upholding the Rule of Law is top priority for the Government.

“Our focus is on two areas- good governance and good infrastructure. If we can provide these two, the rest will follow.”

For further details:

Director, Public Relations
Jansampark Chowk,
Raipur 492 001, Chhattisgarh, India
(+91-771) 221612-14, 229402 Fax
email: info@cg.nic.in
website : http://chhattisgarh.nic.in