Civil Writ Petition No.2993 of 1987 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No.2993 of 1987 Date of Decision: 21.12.2009 Kishan Chand and Others …Petitioners Versus The Improvement Trust, Abohar …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Satya Pal Jain, Senior Advocate with Mr. Mrigank Sharma, Advocate for the petitioners. Mr. Sandeep Khunger, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioners, as per the Scheme of Improvement Trust, were allotted alternative site. They have been called upon to pay price of the shop as per the market rate in consonance with the last auction held. Respondents have taken following preliminary objection:- “2. That the petitioners have an alternative remedy provide in clause 10 of the Agreement which reads as under:- “10 ARBITRATION: In the event of any disputes of difference at any time arising between the Trust and the intended vendee as to the true intent Civil Writ Petition No.2993 of 1987 2 and meaning of these presents and of each every portion thereof the property and rights hereby reserved or any of or any manner incidental or relating thereto the said dispute or difference to sell be referred to the Secretary to Government of Punjab, Local Government Department, or an officer appointed by him in this behalf whose decision thereon shall be final and binding on the parties hereto”. As there is a dispute between the parties on the point as to whether the petitioners are displaced persons within the meaning of the Agreement or not, the petitioners ought to go in for arbitration before the Arbitrator, i.e. the Secretary to the Government of Punjab, Local Government Department, or an officer appointed by him in this respect. Hence, the resort to the remedy of civil writ petition under Articles 226 and 227 of the Constitution of India is not a proper remedy between the parties”. Counsel for the respondent has urged that in case petitioners invoke arbitration proceedings, due to pendency of writ petition, they will not raise argument that proceedings are barred by way of limitation in approaching the respondents for appointment of Arbitrator. Counsel for petitioner is not averse to invoke alternative Civil Writ Petition No.2993 of 1987 3 remedy suggested by respondent. In case petitioners make request for appointment of Arbitrator, the authorities shall appoint Arbitrator within one month. Needless to say that in case petitioners are not satisfied they will have remedy to approach appropriate forum for change of Arbitrator. With the observations made above, present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 21, 2009 “DK”