HARI CHAND v. COLLECTOR LAND ACQUISITION, NHAI AND OTHERS
ARB.C/811/2024 · 2025-06-20
Ranjan Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22116 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22116 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Arbitration Case No.811 of 2024 Decided on: 20.06.2025 ____________________________________________________________ Hari Ram
......Petitioner
Versus
Collector Land Acquisition National
……Respondents Highways Authority of India and others
For the petitioner: Mr. Rohan Thakur, Advocate vice Mr. Maan Singh, Advocate, for the petitioner.
For the respondents: Mr. Sidharth Jalta, Deputy Advocate General, for Respondents No.1 & 3- State.
Ms. Sneh Bhimta, Advocate vice Ms. Shreya Chauhan, Advocate, for respondent No.2-NHAI. ____________________________________________________________
Coram
Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting?
Ranjan Sharma, Judge
The instant petition has been filed for seeking direction to extend the mandate of Arbitrator-cum- Divisional Commissioner, Mandi, which had expired on 16.02.2024, Annexure P-1, as the award could not
1 Whether reporters of Local Papers may be allowed to see the judgment?
- 2 - be passed within the stipulated period as prescribed by the Arbitration and Conciliation Act, 1996.
2.
Pursuant to issuance of notice on 25.11.2024 in these proceedings, Respondents have filed Reply to the instant petition. 2(i). A perusal of the Reply admits the factual matrix that the Award could not be passed during the maximum permissible period of eighteen months. 2(ii) However, it is not in dispute that beyond the period of eighteen months, the parties have participated in the arbitral proceedings before the concerned Arbitrator. However, due to non-completion of Arbitral Proceedings, Learned Arbitrator had passed an order dated 16.02.2024, Annexure P-1, stating that his mandate has expired, due to afflux of time.
3.
Learned Counsel for the petitioner places reliance on the judgment in Arbitration Case No.22 of 2025, titled as Ghanshyam Mahajan Versus Land
- 3 - Acquisition Officer-cum-Competent Authority & Ors., decided on
07.03.2025. Further, he also places reliance on an order in Arbitration Case No.599 of 2023, titled as Kamlu Versus Land Acquisition Collector & Ors., decided on
02.08.2023.
4.
Taking into account the entirety of the
facts and circumstances and the object and intent of arbitral proceedings, this Court disposes of the instant petition in the following terms:- (i)
Order dated 16.02.2024, Annexure P-1, passed by Learned Arbitrator- cum-Divisional Commissioner, Mandi, in case titled as Hari Ram Versus L.A.O. Pandoh Mandi, is quashed and set aside;
(ii) Learned Arbitrator- cum- Divisional Commissioner, Mandi, is mandated to complete the arbitral proceedings and to pass the Award in accordance with law within six months from the date of receipt
- 4 - of copy of this judgment; and
(iii) Costs made easy for respective parties.
5.
Pending miscellaneous application(s), if any, shall also stand disposed of.
(Ranjan Sharma)
Judge June 20, 2025 [Bhardwaj]