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High Court of Himachal Pradesh · body

2025 DAILYLAW 15078 (HP)

PREM CHAND v. LAND ACQUISITION OFFICER NHAI AND ANOTHER

ARB.C/214/2025 · 2025-07-25

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No.214 of 2025 Date of decision: 25.07.2025 Prem Chand. ...Petitioner. Versus Land Acquisition Officer & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Varun Rana, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondent No.1-State. : Ms. Shreya Chauhan, Advocate, for respondent No.2. Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, Deputy Advocate General and Ms. Shreya Chauhan, Advocate, accept notice on behalf of respondent No.1 and respondent No.2, respectively. 2. It is not in dispute that a Reference Petition bearing No.1515/2017 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 Division, District Mandi, Himachal Pradesh. The period of 12 months in terms of Section 29A(1) 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 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 26.07.2025. 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 25th July, 2025 Judge (Pardeep)