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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Ghanshyam Mahajan – Appellant
Versus
Land Acquisition Officer Cum Competent Authority – Respondent
JUDGMENT :
Ranjan Sharma, J.
1. Petitioner [Ghanshyam Mahajan], has come up, before this Court, seeking the following relief(s):-
“It is, therefore, respectfully prayed that in view of the fact stated above the application may kindly be allowed and the time limit for completing the Arbitration proceedings in Arbitration Reference Case No. 900/16 titled as Ghanshyam Mahajan vs. Land Acquisition Officer and others pending before the Ld. Divisional Commissioner (Arbitrator), Mandi, Distt. Mandi, H.P. may kindly be extended for a further period of six months or any other order or directions which this Ld. Court may deem fit be passed in the interest of justice.”
FACTUAL MATRIX:
2. Case of petitioner [Ghanshyam Mahajan] as set-up by Mr. Varun Rana, Learned Counsel, is that pursuant to Notification under Section 3A of the National Highways Act, 1956, the Central Government published a Notification to acquire the stretch of land from Kilometer 126.500 to Kilometer 188.917 (Bilaspur-Nerchowk Section) of National Highway No. 21 for building, widening, maintenance, management and operation of said Highway in State of Himachal Pradesh. Consequently, the land belonging to petitioner at Muhal Thalla
The court can extend the time for arbitral proceedings under sufficient cause, preventing parties from suffering due to delays not attributable to them.
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Extension of arbitration proceedings mandated by the court when delays are not attributable to the parties, ensuring fairness in the arbitral process.
The court emphasized that delays in arbitration due to administrative issues not attributable to the parties justify extending the arbitrator's mandate as per the provisions of the Arbitration and Co....
The court may extend the mandate of an Arbitrator for sufficient cause, ensuring parties are not prejudiced by delays not attributable to them.
Court extends arbitrator mandate post-expiry under Sec 29A(4),(5) on sufficient cause like advanced proceedings, non-attributable delay, ensuring logical conclusion without petitioner fault.
Court extends arbitrator's mandate post-termination under Section 29A(5) for sufficient cause like procedural and administrative delays not attributable to petitioner, ensuring practical, expeditious....
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