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High Court of Himachal Pradesh · body

2025 DAILYLAW 15098 (HP)

SOM PRAKASH AND OTHERS v. LAND ACQUISITION OFFICER NHAI AND ANOTHER

ARB.C/240/2025 · 2025-08-05

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Case No. 240/2025 Decided on: 05.08.2025 Som Prakash & Ors. …..Petitioners. Versus Land Acquisition Officer-cum-Competent Authority & Anr. ….. Respondents ………………....…………………………………………………………… Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sourav Thakur, Advocate, vice Mr. Varun Rana, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondent No.1. Ms. Shreya Chauhan, Advocate, for respondents No.2/NHAI. Jyotsna Rewal Dua , J Notice. Mr. L.N. Sharma, learned Additional Advocate General and Ms. Shreya Chauhan, learned counsel, accept notice on behalf of respondents No.1 and 2, respectively. 2. It is not in dispute that a Reference Petition bearing No. 299/2019 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 & Conciliation Act, 1996 (in short ‘the Act’), available to 1 Whether reporters of the local papers may be allowed to see the judgment? 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 18.08.2025. 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 Judge August 05, 2025 (rohit)