In a recent judgment the Calcutta High Court has held see Pashupati Roy v. Bengal Province: AIR 1948 Cal 195 that an arbitrator appointed under Cl. (b) of Section 19 of the Defence of India Act has no power to entertain any reference requiring apportionment of compensation between parties having different interests in the land. As a consequence of this ruling the payment of compensation in all cases where the interested parties could not agree came to a standstill. As an immediate remedy, Ordinance No. XXII of 1949 was promulgated to enable disposal of long pending cases. As the Ordinance will lapse on the expiry of six months from the date of promulgation, it is necessary to replace it by an Act.
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