Ram Kishan vs Competent Authority Cum Dro Land ...
2023 Latest Caselaw 5416 P&H

Citation : 2023 Latest Caselaw 5416 P&H
Judgement Date : 26 April, 2023

Punjab-Haryana High Court

Ram Kishan vs Competent Authority Cum Dro Land ... on 26 April, 2023

                                                    Neutral Citation No:=2023:PHHC:058970




                                2023:PHHC:058970
FAO No. 3433 of 2022                                       [1]

             IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

                                         FAO No. 3433 of 2022 (O&M)
                                         Date of decision: 26th April, 2023


Ram Kishan
                                                                       Appellant
                                     Versus

Competent Authority and another
                                                                    Respondents


CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:     Mr. Ram Bilas Gupta, Advocate for the appellant.
             Mr. Vivek Singla, Advocate for the respondents.
             Mr. Sharad Aggarwal, AAG, Haryana.
                        ****

AVNEESH JHINGAN, J (Oral):

1. This appeal under Section 37 of the Arbitration and

Conciliation Act, 1996 (for short, 'the Act') is filed aggrieved of dismissal

of objections under Section 34 of the Act.

2. The brief facts are that land of the appellant in village

Nachauli, District Faridabad was acquired for dedicated freight corridor

green field project. The competent authority vide award dated 24.9.2013

determined the compensation. The arbitration proceedings initiated at the

instance of the appellant culminated in award dated 28.4.2018. The

objections filed by the appellant on 26.9.2018 were dismissed as time

barred.

3. Learned counsel for the appellant submits that it has wrongly

been recorded in the impugned order that the appellant applied for certified

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copy of the award on 12.5.2018 and the copy was delivered on the same

day. The contention is that certified copy was sent to the appellant by

registered post on 12.5.2018 and the same was received on 20.5.2018 and

thereafter the objections were filed.

4. Learned counsel for the respondents submits that even if the

limitation is considered from 20.5.2018 as argued by learned counsel for

the appellant, the objections were filed beyond 120 days.

5. The relevant portion of grounds of present appeal is

reproduced:

"13....... the Appellant has filed the petition U/s 34 of the Act

before the Ld. ADJ on 26.9.2018 whereas in fact the

Arbitrator Award was pronounced on 28.4.2018 and

moreover the Appellant has not applied certified copy of

award dated 28.4.2018 on 12.5.2018 infact the award dated

28.4.2018 was sent to the Appellant by Registered Post by the

Office of Arbitrator on 12.5.2018 and the same was received

by the Appellant on 20.5.2018. Hence the petition U/s 34 of

the Act was well within time and the judgment dated 5.3.2021

is liable to be set aside/modified."

6. The Supreme Court in Union of India v. Ms Popular

Construction Co., AIR 2001 SC 4011; M/s Consolidated Engg.

Enterprises v. Principal Secy. Irrigation Deptt. and others, (2008) 7 SCC

169 and Chintels India Ltd. v. Bhayana Builders Pvt. Ltd., 2021 AIR

(SC)1014 held that applicability of Section 5 of the Limitation Act, 1963 is

excluded by Section 34(3) of the Act and that delay beyond 30 days after

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expiry of limitation period cannot be condoned.

7. As per the case set up by learned counsel for the appellant that

copy of award was received on 20.5.2018 and objections filed on 26.9.2018