Himachal Pradesh High Court
Kaushalya Devi And Others vs Collector on 9 May, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Arb. Case No.121 of 2023 a/w
Arb. Case No. 123 of 2023, 124 of 2023,128 of 2023, 135 of 2023, 136
.
of 2023, 137 of 2023,138 of 2023,139 of 2023, 140 of 2023,143 of
2023,144 of 2023,145 of 2023,152 of 2023,153 of 2023,154 of
2023,155 of 2023,158 of 2023,159 of 2023,160 of 2023 and 161 of
2023.
Date of Decision:9.05.2023
_______________________________________________________
1. Arb. Case No.121 of 2023
Kaushalya Devi and others ....Petitioners
Versus
Collector, Land Acquisition, National Highways Authority of India & ors.
... Respondents
2. Arb. Case No. 123 of 2023
Dalip Singh ....Petitioner
Versus
Collector Land Acquisition, National Highways Authority of India & ors.
... Respondents
3. Arb. Case No. 124 of 2023
Anoop Chand ....Petitioner
Versus
Collector Land Acquisition, National Highways Authority of India & ors.
... Respondents
4. Arb. Case No. 128 of 2023
Raju alias Raj Kumar ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India & ors.
... Respondents
5. Arb. Case No. 135 of 2023
Bhim Chand ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India & ors.
... Respondents
6. Arb. Case No.136 of 2023
Shri Gopal ....Petitioner
Versus
.
Collector Land Acquisition, National Highways Authority of India & ors.
... Respondents
7. Arb. Case No. 137 of 2023
Hoshiar Singh ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India & ors.
... Respondents
8. Arb. Case No. 138 of 2023
Lagan Chand
....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India & ors.
... Respondents
9. Arb. Case No. 139 of 2023
Duni Chand ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.... Respondents
10. Arb. Case No. 140 of 2023
Doli Ram ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.... Respondents
11. Arb. Case No. 143 of 2023
Neerat Ram ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.... Respondents
12. Arb. Case No. 144 of 2023
Om Chand ....Petitioner
Versus
Special Land Acquisition Officer-cum- Competent authority & Ors
.... Respondents
13. Arb. Case No. 145 of 2023
Ram Dassi (deceased) through LRs. ....Petitioners
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.
.... Respondents
14. Arb. Case No. 152 of 2023
Subhash & others ....Petitioners
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
15. Arb. Case No. 153 of 2023
Rohit Sharma ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.... Respondents
16. Arb. Case No. 154 of 2023
Lagan Chand
r ....Petitioner
Versus
Land Acquisition Collector, National Highways Authority of India &ors.
.... Respondents
17. Arb. Case No. 155 of 2023
Nine Kumar alias Narender ....Petitioner
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
18. Arb. Case No. 158 of 2023
Ludar Chand & Anr. ....Petitioners
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
19. Arb. Case No. 159 of 2023
Budhi Singh & another ....Petitioners
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
20. Arb. Case No. 160 of 2023
Devta Dhumal Hallan
. ....Petitioner
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
21. Arb. Case No. 161 of 2023
Promila Devi
.
. ....Petitioners
Versus
Collector Land Acquisition, National Highways Authority of India &ors.
.... Respondents
________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioners: Mr. Maan Singh, Advocate.
For the Respondent: Ms. Shreya Chauhan and Ms. Sneh
Bhimta, Advocates, for respondent
Nos. 1 and 2.
Mr. Rajan Kahol, Mr. Vishal Panwar
rand Mr. B.C.Verma, Additional
Advocate Generals with Mr. Rahul
Thakur, and Mr. Ravi Chauhan,
Deputy Advocate Generals, for
respondent No.3-State.
_______________________________________________________
Sandeep Sharma, Judge(oral):
By way of these petitions, a prayer has been made to
extend the time for completion of arbitration proceedings pending
before learned Divisional Commissioner, Mandi, in Reference Petition
Nos.1280 of 2017, 523 of 2018, 1290 of 2017, 23 of 2018, 1243 of
2017, 524 of 2018, 1312 of 2017, 1442 of 2017, 531 of 2018, 1441 of
2017, 1445 of 2017, 02 of 2019, 1443 of 2017, 1323 of 2017, 123 of
2018, 1442 of 2017,1144 of 2017, 1319 of 2017,1318 of 2017,1239 of
2017 and 1324 of 2017.
Whether the reporters of the local papers may be allowed to see the judgment?
2. It is submitted in the applications that though the
proceedings were started by learned Divisional Commissioner, Mandi,
in the year 2017 and the evidence etc., was recorded but due to
.
COVID pandemic conditions, the delay in further proceedings of the
case was caused. As a result of aforesaid exigency, the docket of
learned Divisional Commissioner, Mandi, is clogged with similar
matters which are pending before such authority. On such grounds
extension of time is sought.
3. The respondents, though, have filed reply in the court
today itself, but there is no opposition to the prayer made in the
application. The application is duly supported by an affidavit. The
record of the proceedings held by Divisional Commissioner, Mandi,
has also been placed on record. From perusal of the reasons stated in
the application as also the record of the learned Divisional
Commissioner, Mandi, I am satisfied that the delay in completion of
proceedings is neither intentional nor willful, but is on account of
reasons which were beyond the control of the learned Arbitrator as
also the parties concerned.
4. Otherwise, parties are ad-idem that the issue at hand has
been adjudicated by this Court in Arb. Case No. 44 of 2023, titled
Nand Lal alias Nand Lal Vardhan v. Land Acquisition Collector
and others, wherein provisions of S.29A of the Act have been dis-
cussed in detail.
5. In view of this, the applications are allowed. The time for
.
completion of arbitration proceedings by learned Divisional Commis-
sioner, Mandi, in Reference Petition Nos. 1280 of 2017, 523 of 2018,
1290 of 2017, 23 of 2018, 1243 of 2017, 524 of 2018, 1312 of 2017,
1442 of 2017, 531 of 2018, 1441 of 2017, 1445 of 2017, 02 of 2019,
1443 of 2017, 1323 of 2017, 123 of 2018, 1442 of 2017,1144 of
2017, 1319 of 2017,1318 of 2017,1239 of 2017 and 1324 of 2017 , is
extended by six months to be reckoned from the date parties appear
before learned Arbitrator. Parties are directed to appear before learned
Arbitrator on 17.5.2023. The petitions are accordingly disposed of.
A downloaded copy of this order shall suffice for the
learned arbitrator to do the needful in terms thereof.
(Sandeep Sharma),
Judge
May 09,2023
(shankar)
