Bija Ram & Anr vs Nhai & Ors
2023 Latest Caselaw 19210 HP

Himachal Pradesh High Court

Bija Ram & Anr vs Nhai & Ors on 12 December, 2023

Author: Sushil Kukreja

Bench: Sushil Kukreja

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                        Arbitration Case No.898 of 2023
                       Date of decision: 12.12.2023

    Bija Ram & Anr.                                                  ....petitioners.




                                                                      .

                                          Versus





    NHAI & Ors.                                                        ....respondents




                                           of
    Coram:
    The Hon'ble Mr. Justice Sushil Kukreja, J.

Whether approved for reporting ?1 rt For the Petitioners: Mr. Ajeet Jaswal, Advocate.

For the Respondents: Ms. Sneh Bhimta, Advocate, for

NHAI/respondent No.1.

Mr. Virbhadur Verma, Central Government Standing Counsel, for

respondent No.2.

Mr. B.N. Sharma, Additional

Advocate General, for respondent No.3.

Sushil Kukreja, Judge(Oral):

Notice. Ms. Sneh Bhimta, learned counsel, Mr.

Virbhadur Verma, learned CGSC and Mr. B.N. Sharma, learned

Additional Advocate General, appear and waive service of notice

on behalf of respondent No.1, respondent No.2, and respondent

Whether the reporters of Local Papers may be allowed to see the judgement?

No.3, respectively.

2. No reply to the petition is intended to be filed on

behalf of the respondents.

.

3. In the instant petition, a prayer has been made by the

petitioners to extend the time for completion of the arbitral

proceedings pending before the Divisional Commissioner-cum-

Arbitrator, Shimla Division, Shimla, exercising the powers of

of Arbitrator under Section 3 of the National Highways Act, 1956.

4. Learned counsel for the parties have submitted that rt the issue in question is squarely covered by the judgment

rendered by a coordinate Bench of this Court in Arbitration Case

No.126 of 2022 alongwith connected therewith matters, titled Sh.

Ram Chand Vs. Land Acquisition Officer & Another and the

instant petition may be disposed of by directing the learned

Arbitrator to conclude the arbitral proceedings in terms of the said

judgment.

5. Accordingly, in view of the aforesaid decision

rendered by this Court, the instant petition is allowed and the

Divisional Commissioner-cum-Arbitrator, Shimla Division, Shimla,

exercising the powers of Arbitrator under Section 3 of the National

Highways Act, 1956 is directed to conclude the arbitral

proceedings in Arbitration Petition No.292/2017, on or before

11.06.2024.

Petition stands disposed of, so also the pending

.

miscellaneous applications, if any.

( Sushil Kukreja ) Judge

of December 12, 2023 (reena) rt