Achhari Devi vs Land Acquisition ...
2023 Latest Caselaw 9821 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arb. Case No. 124 of 2022 Decided on: 19th July, 2023

.

_________________________________________________________________

Achhari Devi ...Petitioner

Versus

Land Acquisition Officer-cum-Competent Authority & Ors.

...Respondents _________________________________________________________________

Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge 1 Whether approved for reporting?

_________________________________________________________________

For the petitioner: Mr. Sanket Sankhyan Advocate.

For the respondents: Mr.Rupinder Singh Thakur and Mr. Y.P.S.Dhaulta, Additional Advocates General with Ms. Seema Sharma and

Mr. Sumit Sharma, Deputy Advocates General for respondent No.1.

Ms. Shreya Chauhan, Advocate, for respondent No.2.

Jyotsna Rewal Dua, Judge

The petition has been filed under Section 29A (4)

& (5) of the Arbitration & Conciliation Act, 1996 with a prayer

for extension of time in completing the arbitration proceedings

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

in Reference Petition No.146/2018, pending before the

Divisional Commissioner Mandi, Division Mandi.

2. Learned counsel for the petitioner submits that

.

Reference Petition No.146/2018, titled Achhari Devi Versus

Land Acquisition Officer, Bilaspur, was instituted by the

petitioner before the Divisional Commissioner, Mandi, seeking

enhancement of compensation awarded by the Land

Acquisition Officer. The pleadings in the reference petition

before the Divisional Commissioner, i.e. the Arbitrator, were

completed on 22.08.2019. Accordingly, in terms of the

amendment carried out in Section 29A of the Arbitration &

Conciliation Act in the year 2019, the award could have been

passed by 22.08.2020. However, the matter could not be taken

up by the Arbitrator, i.e. the Divisional Commissioner, Mandi,

from March, 2020 onwards due to COVID-19 pandemic. It has

further been highlighted that the Hon'ble Apex Court, taking

cognizance of the lockdown situation due to COVID-19

pandemic, had passed an order on 23.03.2020 in Suo Moto

Writ Petition (Civil) No.03/2020, extending the period of

limitation under general as well as special laws. In the

aforesaid background, prayer has been made for extending the

period for completion of arbitral proceedings by 12 months in

the interest of justice and fair play.

3. Learned counsel on both the sides have jointly

.

submitted that similar petitions have been disposed of by the

Coordinate Benches of this Court by granting extension to the

learned Arbitrator by six months for deciding the arbitration

proceedings. Reference in this regard has been made to order

dated 13.01.2023 passed in Arbitration Case No.02 of 2023,

order dated 22.03.2023 Abr. Case No. 36 of 2023 alongwith

connected matters and order dated 03.05.2023 passed in Arb.

Case No. 86 of 2023 and the connected matters.

In view of above submissions and the orders

passed in similar matters, the present petition is also disposed

of on the similar lines. Hence, time for completion of

arbitration proceedings by the Divisional Commissioner

Mandi, Division Mandi-Sole Arbitrator in case under reference

is extended by six months, to be reckoned from today. The

parties through their learned counsel are directed to appear

before the learned Arbitrator on 29.08.2023.

The pending miscellaneous application(s), if any,

also stand disposed of.

.

                                                 Jyotsna Rewal Dua





                                                       Judge
    July 19, 2023
        R.Atal





                    r         to