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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Narender Singh – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. facts surrounding the land acquisition (Para 1 , 2) |
| 2. details of arbitration proceedings and awards (Para 3 , 4) |
| 3. context of court proceedings and relevant sections (Para 5 , 6) |
| 4. criteria for arbitration award timelines (Para 7 , 8 , 9) |
| 5. judgment on the validity of the arbitration award (Para 10) |
| 6. outcome of the appeal (Para 11) |
JUDGMENT :
SUSHIL KUKREJA, J.
The present appeal is maintained by the appellants/respondents (hereinafter referred to as “the respondents”), against the judgment dated 04.12.2021, passed by the learned District Judge, Mandi, District Mandi, H.P. in Arbitration Petition No. 49 of 2018, whereby, award dated 28.11.2017, passed by the learned Arbitrator-cum-Divisional Commissioner, Mandi, was set aside.
2. Succinctly, the facts giving rise to the present appeal are that Central Government issued a notification dated 21.04.2012 for acquisition of the land comprised in revenue estate, Chamukha, Hadbast No. 41, Tehsil Sundernagar, District Mandi, H.P. qua f our laning of National Highway 21 on the stretch ofo land from Kms. 126.500 to Kms. 188.917 (Bilaspur-Ner Chowk Section). The aforesaid notification under Section 3(A) (1) of the NATIONAL HIG
Arbitration awards must be issued within prescribed time limits. If the period exceeds without consent or extension from the Court, the award can be invalidated.
The main legal point established in the judgment is that the award must be made within the specified time limit as per Section 29(A) of the Arbitration and Conciliation Act, 1996, and the parties hav....
As right to property is a Constitutional right under Article 300A of Constitution of India, appellant cannot be deprived of his property except in accordance with law.
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, and failure to adhere to statutory timelines may result in termination of the arbitrator's mandat....
Arbitrator must adhere to statutory timelines; delays can lead to termination of mandate to ensure just compensation for affected parties.
Timely completion of arbitration proceedings is mandatory under the Arbitration and Conciliation Act, 1996, and failure to comply may result in termination of the Arbitrator's mandate.
Court may extend arbitrator's mandate under Section 29A(4)(5) post-expiry if sufficient cause shown, such as advanced proceedings and delay not attributable to parties, to ensure logical conclusion a....
The court can grant an extension of time for arbitral proceedings if it is satisfied that the delay was due to circumstances beyond the control of the arbitral tribunal, as provided under S.29A of th....
Court extends arbitrator's mandate under Section 29A(4)(5) post-expiry for sufficient cause where proceedings advanced, delay administrative, not petitioner's fault, ensuring logical and expeditious ....
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