PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, GOVERNMENT OF SIKKIM Vs. SNOWLION AUTOMOBILE PVT LTD

JUDGEMENT

(1.) Invoking the extra-ordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the instant petition is filed, wherein the Petitioner seeks to impugn the Award dated 12.06.2015 rendered by the learned Arbitrator and consequential dismissal Order dated 10.06.2016 passed by the District Judge, East Sikkim at Gangtok, in application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, the Act, 1996), on stated grounds that there was palpable, manifest error causing miscarriage of justice.

(2.) The facts, in brief, relevant for examination and consideration of the lis involved in this petition, are that the Respondent was allotted a plot of land measuring an area of 0.56 acres situated at 5th Mile, Tadong, East Sikkim by the State Government, the Petitioner herein, vide letter bearing No.730 dated 24.06.1981 under the terms and conditions of Lease Deed dated 15.02.1989 for a period of thirty years. The Respondent herein was permitted to make development on the land by erecting structure to set up an automobile workshop under the terms of Lease Deed. On expiry of the period of lease, the lease was not renewed and the State Government, the Petitioner herein, decided to resume the land back. Accordingly, it was communicated by letter dated 17.05.2011. The dispute arose in reference to the arrears of lease rent and proper valuation for the development made and the construction raised thereon. The Respondent herein preferred a Writ Petition being W.P. (C) No. 23 of 2013, seeking recovery of reasonable compensation after proper valuation of the development made thereon. Learned High Court disposed of the Writ Petition on 04.12.2013, holding as under: -

(3.) Feeling dissatisfied, the Respondent herein preferred a review petition being Review Pet (C) No. 01 of 2014. The said review petition was disposed of on 25.02.2014 in following terms:-