Section 34 in The Jammu and Kashmir Development Act, 1970
34. Settlement of betterment charge by arbitrator.
(1)For the determination of the matter referred to in sub-section (4) of section 33, the Government shall appoint an arbitrator who shall have special knowledge of the valuation of land.(2)The arbitrator shall, for the purpose of determining any matter referred to him, have the same powers as are vested in a civil court under the Code of Civil Procedure, Svt. 1977 when trying a suit, in respect of the following matters, namely(a)summoning and enforcing the attendance of any person and examining him on oath ;(b)requiring the discovery and production of documents ;(c)administering to any party to the arbitration such interrogatories as may, in the opinion of the arbitrator, be necessary.(3)If the arbitrator dies, resigns, or is removed under sub-section (4) or refuses, or neglects in the opinion of the Government to perform his duties or becomes incapable of performing the same, the Government shall forthwith appoint another fit person to take the place of such arbitrator.(4)If the Government is satisfied after such inquiry as it thinks fit,-(a)that the arbitrator has misconduct himself, the Government may remove him from his office ;(b)that the award of the arbitrator has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the Government may set aside the award.(5)An award which has not been set aside by the Government under clause (b) of sub-section (4) shall be final and shall not be questioned in any court.(6)The provisions of the Arbitration Act, Svt. 2002 shall not apply to arbitration under this section.
