Judhya Devi vs Land Acquisition Officer & Anr
2024 Latest Caselaw 13492 HP

Himachal Pradesh High Court

Judhya Devi vs Land Acquisition Officer & Anr on 10 September, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Arb. Case No.773 of 2024 Decided on: 10th September, 2024.

_________________________________________________________________

.

        Judhya Devi                                                       ....Petitioner





                                      Versus





    Land Acquisition Officer & Anr.
                                                                            ...Respondents

_________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

For the petitioner:

r to _________________________________________________________________ Mr. Sanket Sankhyan, Advocate.

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

                                           Ms. Sneh Bhimta,                   Advocate,          for


                                           respondent No.2.


    Jyotsna Rewal Dua, Judge

It is not in dispute that a Reference Petition

bearing No.147/2018 preferred by the petitioner under

Section 3G of the National Highways Act is pending

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

Commissioner, Mandi, Himachal Pradesh. The period of 12

months in terms of Section 29A(1) of the Arbitration &

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

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 11.09.2024. 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





    September 10, 2024
       R.Atal




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