Chapter V THE ARBITRATOR.

(1) After a scheme has been sanctioned the State Government may and if so required by the council or any person interested in the scheme shall appoint an arbitrator with sufficient establishment to discharge all or any of the following duties:- (a) to pass such orders as may be required under clauses (a) to (d) of sub-section (2) of section 5; (b) to define, and, where necessary, to demarcate or cause the demarcation of, the reconstituted plots or the areas allotted to, or reserved for, the purposes mentioned in clause (k) of section 4; (c) to decide, in reference to the claims made, whether any property is injuriously affected within the meaning of section 20, and award the compensation, if any, to be paid to the owner concerned in accordance with the provisions contained in Chapter IV; and (d) to determine, in reference to the claims made, the properties which are liable to the betterment contribution under section 23 and estimate and record their market value as the date of the notification under section 10 or section 12, as the case may be, in accordance with the provisions of clause (a) of section 24. (2) The decisions of the arbitrator under clauses (a) and (b) of sub-section (1) shall be read as part of the scheme sanctioned under section 14 and shall be final and binding on all persons: Provided that where any such decision is in conflict with any provision in the scheme it shall require the approval of the State Government and, on such approval being given, shall be deemed, to the extent mentioned in such decision, to have varied the sanctioned scheme.

(1) The arbitrator shall give notice of his proceedings and conduct them in the prescribed manner and communicate his decision to the parties concerned. (2) An arbitrator shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling the production of documents and material objects. (3) The costs of and incident to all proceedings before the arbitrator shall be in his discretion and the arbitrator shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.

(1) Any party aggrieved by any decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 27 may within three months from the date of the communication of such decision appeal to the District Judge concerned. (2) The decision of the arbitrator under clause (c) or clause (d) of sub-section (1) of section 27 and, when an appeal has been preferred under sub-section (1), the decision on such appear shall be read as part of the scheme sanctioned under section 14 and shall be final and binding on all persons.