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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Sandesh Kumar, Deceased through his LRs – Appellant
Versus
National Highway Authority of India – Respondent
| Table of Content |
|---|
| 1. land acquisition award challenged via arbitration reference. (Para 4) |
JUDGMENT :
Ranjan Sharma, J.
Petitioner-Rajiv Salwan and three other, being the legal heirs of late Shri Sandesh Kumar (since deceased) have come up before this Court in instant petition filed under Section 29-A of the Arbitration and Conciliation Act, 1996, seeking following relief(s):-
“That the period since the pendency of the Arbitration Case No.49/16 titled Sandesh Kumar deceased through Legal Representatives Vs. NHAI and others may be regularized and the mandate of the Arbitrator may be extended for a reasonable time as deemed proper by this Hon’ble Court.”
FACTUAL MATRIX:
2. Case as setup by Learned Counsel is that pursuant to Notification under Section 3(A) of the National Highways Act, 1956, the Central Government published a Notification to acquire the stretch of land from 106.0002 to 155.800 Kms. (Solan–Shimla Section), for four lanning etc. in State of Himachal Pradesh. Consequently, the land in 22 villages of Tehsil Shimla [Rural], including the lands of the predecessor of the petitioners were acquired by Competent Authority/Land Acquisition [referred to as CALA] Award No.4, dated 25.05.
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The court ruled that delays in arbitral proceedings due to administrative reasons and the COVID-19 pandemic justified extending the Arbitrator's mandate under Section 29A of the Arbitration and Conci....
The court ruled that extensions of time for arbitral proceedings are warranted when delays are not attributable to the parties, prioritizing efficiency and justice in the arbitration 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....
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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