Shiv Kumar vs Chief Engineer and Another

Surjit Singh, J.—Heard and gone through the record.

Petitioner was awarded a work by the Respondents, vide Agreement Annexure C-1. The work, which the Petitioner was to execute, was construction of a road. Site on which the work was to be executed was made available to the Petitioner. When the Petitioner was in the midst of the construction of the road, objections were raised by certain private land owners that the portion of the site, which was handed over to the Petitioner, had not been acquired and was still in the ownership and possession of those land owners. Those land owners obstructed the Petitioner from constructing the road. Because of such obstruction, the Petitioner could not execute the entire work. Now, the Petitioner claims money for the part work already executed as also compensation for non-execution of the rest of the work, for which he had allegedly engaged labour and deployed machinery and the labour and the machinery remained idle on the spot for quite some time.

Petitioner made a demand for payment of the money for the part work executed as also compensation for his labour and machinery having remained idle, but to no avail. Finally, he approached the Chief Engineer, vide Annexure C-10 (dated 1st November, 2010), for appointment of Arbitrator, in terms of Clause 25 of Agreement Annexure C-1, which provides for reference of all kinds of disputes, arising between the parties, out of the agreement, to the arbitration of a person, to be appointed by the Engineer-in-Charge/Chief Engineer. Annexure C-10 did not fetch any response. So, the present petition has been filed for appointment of Arbitrator, u/s 11 of the Arbitration and Conciliation Act.

Respondents have filed reply, in which it is alleged that the site having been handed over to the Petitioner, he cannot be heard to say that the road on that portion of the site, which is alleged by the private land owners to belong to them, on account of its having not been acquired, could not be constructed, because of the objections raised by such land owners and the obstruction caused by them.

Petitioner has placed on record a letter written by the Assistant Engineer, who was the Engineer for supervising the work awarded to the Petitioner. Copy of the said letter is Annexure C-9. As per this letter, the aforesaid Assistant Engineer informed the Executive Engineer that because of the obstruction caused by the private land owners, with respect to a portion of the site, construction of road on that portion had been disrupted. Material on record also indicates that the portion of the site with respect to which the private land owners caused obstruction had not been acquired. Thus, there is a dispute between the parties, which as per Clause 25 of the Agreement, is required to be adjudged by arbitrator.

In view of the abovestated position, present petition is allowed and the Superintending Engineer (Arbitration), stationed at Solan, is appointed as Arbitrator.

Petition stands disposed of.