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2025 DAILYLAW 2575 (HP)

NARESH KUMAR (deceased) through LRs v. LAND ACQUISITION OFFICER cum COMPETENT AUTHORITY NHAI AND ANOTHER

ARB.C/273/2025 · 2026-01-07

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.273 of 2025 Decided on: 7th January, 2026 ------------------------------------------------------------------------------------- Naresh Kumar (deceased) through LRs …..Petitioners Versus Land Acquisition Officer-cum-Competent Authority and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Varun Rana, Advocate. For the Respondents: Mr. S.D. Vasudeva, Deputy Advocate General, for respondent No.1. Ms. Shreya Chauhan, Advocate, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge It is not in dispute that a Reference Petition, bearing Arbitration Case No.1440/2017, preferred by the petitioners 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 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 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 closed the proceedings in view of termination of his mandate. In these circumstances, the petitioners have prayed for extending the time for pronouncing the award by six months. 2. 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. 3. The petitioners have 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 12.01.2026. 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 January 07, 2026 Judge Mukesh