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2025 DAILYLAW 29090 (HP)

RATI BALI PANT v. THE LAND ACQUISITION OFFICER AND ANR

ARB.C/17/2025 · 2025-03-22

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.17 of 2025 Decided on: 22nd March, 2025 ------------------------------------------------------------------------------------- Rati Bali Pant …..Petitioner Versus The Land Acquisition Officer-cum-Competent Authority (SLAU) and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vijay Kumar Verma, Advocate vice Mr. H.S. Rangra, Advocate. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General, for respondent No.1. Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for respondent No.2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General and Ms. Shreya Chauhan, learned counsel, appear and waive service of notice on behalf of respondents No.1 and 2, respectively. 2. It is not in dispute that a Reference Petition, bearing No.285 of 2018, preferred by the petitioner under Section 3G of the National Highways Act is pending 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 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 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 27.03.2025. All rights and 3 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 March 22, 2025 Judge Mukesh