Letter requesting for arbitration is sufficient compliance of Section 387(2) of Mun. Corp. Act, 1956
Case Law Details
2. The petitioner is aggrieved by the order passed by the Additional District Judge, (FTC), Raigarh, dismissing his application under Section 387 of the C.G. Municipal Corporation Act, 1956 (in short “the Act”) on the ground that before moving an application under Section 387 of the Act, the petitioner has not served statutory notice under Section 387(1).
3. Mrs. Hameeda Siddique, learned counsel for the petitioner would draw attention of this Court to the communication/letter dated 13.12.2011 addressed to the Commissioner, Municipal Corporation, Raigarh, by which, the petitioner has requested that an arbitration may be constituted under Section 387 of the Act within a period of one month and a Committee be constituted for resolving the dispute in presence of both the parties, to argue that there was substantial compliance of Section 387(1) of the Act and rejection of the application is contrary to the provisions of law.
4. Mr. H.B. Agarwal, learned Senior Counsel appearing for the Municipal Corporation would submit that the petitioner has not served a notice in the manner required under the law, therefore, the learned Additional District Judge has rightly rejected the application.
5. To dwell on the issue concerning requirement of service of notice under Section 387 of the Act, the provision contained under Section 387 needs to be referred, which is reproduced here under :
“387. Arbitration in cases of compensation etc.-(1) If an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary the apportionment of the same shall be ascertained and determined by a Panchayat of three persons of whom one shall be appointed by the Corporation, one by the party, to or from whom such compensation or damages may be payable or recoverable and one, who shall be Sarpanch, shall be selected by the members already appointed as above.
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