Settlement of betterment fee by arbitrator

Settlement of betterment fee by arbitrator. (1) If the person concerned does not accept the assessment made by the municipal council or fails to give the municipal council the information required under sub-section (2) of section 161 within the period specified therein, the matter shall be determined by an arbitrator appointed by the Government. (2) An arbitrator appointed under sub-section (1) shall be a person who,— (i) has for at least five years held a judicial office in the State; or (ii) has for at least five years been an Advocate. (3) If the Government is satisfied after such inquiry, as it thinks fit, that any arbitrator appointed under sub-section (1) has misconducted himself, it may remove him. (4) If any such arbitrator dies, resigns, becomes disqualified, is removed, or refuses to perform or in the opinion of the Government, neglects to perform or becomes incapable of performing his functions, the Government shall forthwith appoint another arbitrator. (5) When the arbitrator has made his award, he shall sign it and forward it to the municipal council and such award shall, subject to the provisions of sub-section (6), be final and conclusive and binding on all persons. (6) Any party aggrieved by an award including the finding on costs under sub-section (3) of section 164, if any, may, within thirty days from the date of the communication thereof, appeal to the District Judge having jurisdiction over the municipal area and any order or decision of the said District Judge shall be final and conclusive and binding on all persons.