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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI
Rajinder Sharma – Appellant
Versus
Government of India – Respondent
| Table of Content |
|---|
| 1. land acquisition process and case background. (Para 1 , 2 , 3) |
| 2. statutory time limits for arbitration. (Para 4) |
| 3. arbitrator's duty to adhere to statutory provisions. (Para 5 , 6 , 7) |
| 4. exclusion of specific periods in computing limitation. (Para 8) |
| 5. consequences of failing to complete arbitration timely. (Para 10 , 11) |
| 6. directions for conclusion of arbitration proceedings. (Para 12 , 13) |
JUDGMENT :
Bipin Chander Negi, J.
The arbitral dispute arises out of the land acquisition in District Solan, H.P. for the purpose of building (widening/ four laning etc.) maintenance, management and operation of National Highway- 22. The land has been acquired under the provisions of NATIONAL HIGHWAYS ACT , 1956.
2. Arbitration case No. 608 of 2024 pertains to Award No. 30 dated 27.06.2016, with respect to which the petitioner had preferred Reference Petition No. 458 of 2018. In the aforesaid reference, the Arbitrator had issued notices on 3.12.2018. The reply was filed on 30.08.2019. Vide order dated 26.05.2023, it was observed that the mandate of the Arbitrator had expired. Hence, the aforesaid arbitral proceedings were kept in abeyance, till the time period for completing the
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.
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....
Point of Law : When a statute envisages an authority, be it an Arbitrator, to do a particular act in a particular manner and in a prescribed time schedule, then onus is upon the said authority/Arbitr....
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....
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.
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.
Extension of arbitration proceedings mandated by the court when delays are not attributable to the parties, ensuring fairness in the arbitral process.
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....
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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