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2024 Supreme(Online)(HP) 551

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI, J
KAMLA DEVI – Appellant
Versus
LAND ACQUISITION OFFICER-CUM-COMPETENT AUTHORITY UNDER NHAI AND ANOTHER – Respondent


Petitioner Advocates:Varun Rana Suneet Verma ,Respondent Advocate: AG Shreya Chauhan

Bipin Chander Negi, Judge (oral )

The arbitral dispute arises out of the land acquisition in District Bilaspur, H.P. for the purpose of building (widening/ four laning etc.) maintenance, management and operation of National Highway- 21. The land has been acquired under the provisions of National Highways Act, 1956.

2. Arbitration case No. 573 of 2024 pertains to Award No. 37-2016-17 dated 25.11.2016 and structure vide supplementary Award No.37/2 dated  22.01.2018, with respect to which the petitioner had preferred Reference Petition No. 329 of 2019. In the aforesaid reference, the Arbitrator had issued notices for 11.10.2019. The right to file reply was closed on 31.12.2021. Vide order dated 26.12.2022, it was observed that the mandate of the Arbitrator had expired. Hence , the aforesaid arbitral proceedings were kept in abeyance, till othe time period for completing the arbitral proceedings, was extended under Section 29-A.

3. From a perusal of the aforesaid, it is evident that the Reference Petition against the awaurd had been filed by the land owners about 5 years back.

4. The relevant extract of the provisions involved in the present lis, as amended by the Act No 33 of 2019 w.e.f

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