_________________________________________________________________ vs Collector Land Acquisition & Ors
2024 Latest Caselaw 17945 HP

Himachal Pradesh High Court

_________________________________________________________________ vs Collector Land Acquisition & Ors on 22 November, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arb.Case No.641 of 2024 Decided on: 22.11.2024 _________________________________________________________________ Ram Prakash. ....Petitioner

Versus Collector Land Acquisition & Ors. ...Respondents __________________________________________________________________ Coram

Ms. Justice Jyotsna Rewal Dua,

Whether approved for reporting?

_________________________________________________________________ For the petitioner : Mr. Maan Singh, Advocate.

For the respondents : Mr. L.N. Sharma, Additional Advocate General, for respondent No.1 & 3- State.

                                  :    Ms. Shreya Chauhan, Advocate, for
                                       respondents No.2.

Jyotsna Rewal Dua, Judge

Notice. Mr. L.N. Sharma, Additional Advocate

General and Ms. Shreya Chauhan, Advocate, appear and

waive service of notice on behalf of respondent No.1 & 3 and

respondent No.2, respectively.

2. It is not in dispute that a Reference Petition

bearing No.533/2018 preferred by the petitioner under

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

Section 3G of the National Highways Act is pending

adjudication before the learned Arbitrator, i.e. the Divisional

Commissioner, Mandi Division, Muhal Kalath, Himachal

Pradesh. The period of 12 months in terms of Section 29A(1)

of the Arbitration & Conciliation Act, 1996 (in short 'the Act'),

available to the learned Arbitrator for passing the award

stands elapsed. The period specified under Section 29A(3) of

the Act is also over, hence, the learned Arbitrator has closed

the proceedings in view of termination of his mandate. In

these circumstances, the petitioner has prayed for extending

the time for pronouncing the award by six months.

3. I have heard learned counsel on both sides and

considered the case file. It has been informed that in similar

matters, taking recourse to Section 29A(4) of the Act, the

Courts have extended the period for passing the award by six

months.

4. The petitioner has made out a case for extending

the period for deciding the arbitration proceedings by six

months. Ordered accordingly. The mandate of learned

Arbitrator in deciding the petition under reference is extended

by six months from today. The parties, through their learned

counsel, are directed to appear before the learned Arbitrator

on 25.11.2024. All rights and contentions of the parties are

left open to be adjudicated by the learned Arbitrator.

The petition stands disposed of in the above

terms, so also the pending miscellaneous application(s), if

any.

Jyotsna Rewal Dua Judge November 22th, 2024 (Pardeep)