JUDGMENT :

Ranjan Sharma, J.

Since the issue involved and relief sought in these petitions is similar and, therefore, they were taken up together for arguments and are being disposed of by a common judgment.

2. The petitioners in Arbitration Case No.748 of 2023 have filed the instant petition with the following prayer:-

“It is, therefore, respectfully prayed that in view of the facts stated above the application may kindly be allowed and the time limit for completing the Arbitration proceedings in Arbitration Reference Case No.30 of 2018 titled as Prabhat Thakur and another v. Collector Land Acquisition, National Highways Authority of India pending before the learned Arbitrator under National Highways Authority of India-cum-Divisional Commissioner, Mandi, may kindly be extended for a further period of six months or any other orders or directions which this Ld. Court may deem fit be passed in the interest of justice.”

3. In Arbitration Case No.749 of 2023, petitioner, has filed the instant petition with the following prayer:-

“It is, therefore, respectfully prayed that in view of the facts stated above the application may kindly be allowed and the time limit for completing the Arbitration proceedings in Arbitration Reference Case No.64 of 2018 titled as Ram Chand v. Land Acquisition Collector, National Highways Authority of India pending before the learned Arbitrator under National Highways Authority of India-cum-Divisional Commissioner, Mandi, may kindly be extended for a further period of six months or any other orders or directions which this Ld. Court may deem fit be passed in the interest of justice.”

4. Facts in brief are that pursuant to Notification issued by the Central Government on 22.03.2012 for acquisition of land for National Highway under National Highways Act, 1956, acquisition proceedings were initiated.

5. Case of the petitioners in Arbitration Case No.748 of 2023 is that his land/building situated in Khasra No(s).1362/1 and 137/1 along with fruit bearing trees existing thereupon, situate in Muhal Simsa (Ranghari), Tehsil Manali, District Kullu, Himachal Pradesh, was acquired vide Award No.50, dated 30.03.2017 passed by Respondent No.1 (Collector Land Acquisition, National Highways Authority of India) for widening/four laning, maintenance, management and operation of National Highway-21 on the stretch of land from New Chowk to Manali. Likewise, the land of the petitioner-Ram Chand in Arbitration Case No.749 of 2023 in Khasra Nos.635, 636 situate in Mohal Bashing, Phati Banogi, Kothi Sari, Tehsil and District Kullu, Himachal Pradesh, was acquired vide Award Nos.3, dated 09.05.2016 and supplementary Award No. 3/1 dated 30.09.2016, passed by respondent No.1 (Collector Land Acquisition, National Highways Authority of India) for widening/four laning, maintenance, management and operation of National Highway-21 on the stretch of land from New Chowk to Manali.

6. Feeling aggrieved against the respective award(s), the petitioners filed Reference Petition(s) under Section 3G (5) of the National Highways Act before the Arbitrator-cum-Divisional Commissioner Mandi Division, who started the arbitral proceedings in Arbitration Reference Case No. 30 of 2018 titled as Prabhat Thakur & another Versus Collector Land Acquisition, National Highways Authority of India and in Arbitration Reference Case No.64 of 2018, titled as Ram Chand Versus Land Acquisition Collector, National Highways Authority of India, in which the petitioners and the respondent-National Highways Authority of India participated without any objection to the continuation of these proceedings.

7. Surprisingly, the Arbitrator-cum-Divisional Commissioner passed an order on 08.02.2023 and 07.02.2023 that the mandate of the Arbitrator to decide these cases has already expired and the case files were kept in abeyance, so as to enable the parties to seek extension in arbitral proceedings from the Competent Court of Law.

8. We have considered the matter in entirety and it