Disposed

Meera Devi and Ors. v. NHAI and Ors.

Himachal Pradesh HC17 Jun 2024ARB.C/567/2024

Case brief

AI extract

What is this about?

Land acquisition compensation reference pending before the Divisional Commissioner as arbitrator; the statutory period under Section 29A of the Arbitration and Conciliation Act had expired and the arbitrator's mandate terminated. Petitioners sought an extension. The Court extended the mandate by six months to pronounce the award.

What did the court decide?

Mandate of the learned arbitrator extended by six months to decide the reference; petition disposed of with miscellaneous applications.

Meera Devi and Ors. Vs NHAI and Ors. — Arbitration | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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Arb.Case No.567 of 2024 Decided on: 17^th June, 2024.

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_________________________________________________________________ Meera Devi & Ors. ...Petitioners Versus NHAI & Ors. …Respondents _________________________________________________________________ Coram_

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Ms. Justice Jyotsna Rewal Dua,

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1 Whether approved for reporting? _________________________________________________________________ For the petitioners : Mr. Peeyush Verma and Mr. Anuj Bali, Advocates. For the respondents : Ms. Shreya Chauhan, Advocate, for respondent No.1. : Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.2. : Mr. L.N. Sharma and Mr. Varun Chandel, Additional Advocates General, for respondents No.3 & 4.

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Jyotsna Rewal Dua, Judge

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It is not in dispute that a Reference Petition bearing No.264/2018 preferred by the petitioners under Section 3G of the National Highways Act is pending adjudication before the learned Arbitrator, i.e. the Divisional Commissioner, Shimla, Himachal Pradesh. The period of 12

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1 Whether reporters of Local Papers may be allowed to see the judgment? yes

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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 petitioners have prayed for extending the time for pronouncing the award by six months.

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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.

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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 27.06.2024. All rights and contentions of the parties are left open to be adjudicated by the learned Arbitrator.

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The petition stands disposed of in the above

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terms, so also the pending miscellaneous application(s), if

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any.

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Jyotsna Rewal Dua Judge

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June 17^th , 2024 Pardeep

Meera Devi and Ors. v. NHAI and Ors.

Case brief

What is this about?

What did the court decide?

Meera Devi and Ors. v. NHAI and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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