Settlement under Kar Vivad Samadhan Scheme requires a dispute to be pending on the application date; closed proceedings defeat eligibility.

Eligibility under the Kar Vivad Samadhan Scheme, 1998 depended on the disputed issue being pending in appeal, revision, reference or other proceedings on the date of application. The petitioner's own pleadings showed that the draft statement had already been served and the reference application had been dismissed before the settlement application was filed. As the draft statement only reflected the question earlier selected for reference and did not keep the disputed issue pending, no proceeding concerning that issue remained alive on the relevant date. The petitioner was therefore not entitled to seek settlement for that issue, and the rejection of the claim was ?

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Issues: Whether the petitioner was entitled to apply for benefits under the Kar Vivad Samadhan Scheme, 1998 in respect of the disputed issue on the date of application, when the issue was allegedly no longer pending before any forum.

Analysis: Eligibility under the scheme depended on the relevant issue being pending in appeal, revision, reference or other proceedings on the date of application. The petitioner's own pleadings showed that the draft statement had already been served and that the reference application had been dismissed before the application for settlement was filed. Since the draft statement only reflected the question already selected for reference and did not include the disputed issue, no proceeding concerning that issue remained pending on the relevant date.

Conclusion: The petitioner was not entitled to seek settlement under the scheme for the disputed issue, and the rejection of that claim was correct.

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