Rajan Roy, J. - (1.) Heard Shri Ravindra Narayan Singh, learned counsel for the applicant and Ms. Samidha, learned counsel for the opposite parties.
(2.) This is an application under Section 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ''the Act, 1996') for appointment of an Arbitrator.
(3.) Shri Ravindra Narayan Singh, learned counsel appearing for the applicant invited the attention of the Court to the provision contained in Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as ''the Act, 1956') to contend that the Arbitrator in the instant case in the context of non acceptance of the amount determined by the competent authority under Sub-section (1) or Sub-section (2) of Section 3-G is to be appointed by the Central Government and though there is no agreement in this regard, but, statutory provision is there. Furthermore, he invited the attention of the Court to Sub-section 6 of Section 3-G to submit that the provisions of the Act, 1996 shall apply to every Arbitration under this Act. He then invited the attention of the Court to a notice dated 11.05.2017 sent by the applicant to the Special Land Acquisition Officer, which he says, is a notice for referring the matter to Arbitration. It is his submission, as no Arbitrator has been appointed by the Central Government, therefore, this Court has authority under Section 11(4) and (6) of the Act, 1996 to appoint the Arbitrator.;