Nhai vs Nand Lal And Others
2025 Latest Caselaw 5977 HP

Himachal Pradesh High Court

Nhai vs Nand Lal And Others on 23 May, 2025

NHAI versus Nand Lal and others

OMP(M) No. 273 of 2024

23.05.2025 Present: Ms. Sneh Bhimta, Advocate, for the appellant.

Mr. Yuyutsu Singh Thakur, Advocate, for the respondent.

Ms. Sneh Bhimta, Learned Counsel for

the appellant informs this Court that the Hon'ble

Punjab and Haryana High Court has passed a

judgment dated 20.03.2025 in Sohan Lal and Others

Versus Union of India and Others [CWP No.19799-

2023] which reads as under:-

"Though this Court has declared Section 3G and 3J of the Act of 1956 to be Constitutionally void, thereby when the said provisions is void or non est, thereby when it is completely dysfunctional, as such, all pending arbitration petitions also become completely ineffective, whereby in terms of the expositions of law made in Tarsem Singh's case (supra), thus this Court can proceed to in the exercise of extraordinary writ jurisdiction, thus in case, the parameters enshrined in Tarsem Singh's case (supra), re-affirmed in miscellaneous application bearing No.1773/2021 in Civil Appeal No.7064 of 2019, becoming not applied by the Collectors in passing the awards, rather pass such/said appropriate directions, as deemed fit but on a cases to case basis. Even the execution petition(s) filed to execute awards passed by the arbitrators would become ineffective."

2. Learned counsel submits that in terms

of judgment dated 20.03.2025 under Section 3G and 3J of the National Highways Act, has been

declared constitutionally void/non est, due to

which all pending arbitration petitions have

become ineffective.

3. In above backdrop, it is submitted that

the Award passed on 09.07.2018by Learned

Arbitrator, in proceedings under Section 3G of

National Highways Act has becomes ineffective. It

is further contended that all consequential

orders/decisions passed in Section 34 of

Arbitration and Conciliation Act on 20.01.2024, as

on day have also become ineffective/ inoperative

and therefore, the aforesaid judgment shall have a

bearing on the Instant Appeal [under Section 37 of

Arbitration and Conciliation Act] also.

4. Accordingly, Learned Counsel prays for

an adjournment, so as to enable him to ascertain,

as to whether the judgment in Sohan Lal [supra]

has been assailed further and outcome thereof.

As prayed, list the matter after six

weeks.

23rd May, 2025                          (Ranjan Sharma)
     (himani]                               Judge