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( 2025:HHC:45058 )

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMP MO No. 767 of 2025H a/w CMPMO

Nos.766, 765, 764, 763, 762 & 761 of 2025

Date of Decision: 22.12.2025

1.CMPMO No.767 of 2025 f

NHAI

…… petitioner

Versus

Paras Ram & others

……Respondents

2. CMPMO No. 766 of 2025

NHAI

…… petitioner

Versus

Atma Ram and others

……Respondents

_____h_____________________________________________________

3. CMPMO No. 765 of 2025

NHAI

…… petitioner

Versus

Chain Singh and others

……Respondents

__________________________________________________________

4. CMPMO No. 764 of 2025

NHAI

…… petitioner

Versus

Madan Lal and another

……Respondents

_______________________________________________________

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5. CMPMO No. 763 of 2025 .

NHAI

…… petitioner

Versus

Rattani Devi and another

……Respondents

________________________________________ _______________

6. CMPMO No. 762 of 2025 f

NHAI

…… petitioner

Versus

Soma Devi and others

……Respondents

_______________________________________________________

7. CMPMO No. 761of 2025

NHAI

…… petitioner

C Versus

Mansa Ram and another

……Respondents

___________________________________________________________

Coram:

The Hon’ble Mr. Justice Bipin Chander Negi, Judge

Whether approved for reporting?1

For the petitioner(s) : M/s Sumit Raj Sharma, Mohit, Ritu

Sharma, Advocates, in all the petitions.

For the respondent(s) : Nemo.

Bipin Chander Negi, Judge(oral)

The present petitions have been preferred against the

impugned order dated 28.06.2025, whereby the objections filed before

the District Judge, Bilaspur by the present petitioner(s), seeking

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Whether reporters of Local Papers may be allowed to see the judgment?

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rejection of the Section 34 petition filed by the present respondent(s),

laying challenge to the award passed by the Arbitrator, being not

maintainable, as according to the petitioner(s), the seat of arbitration in

the case at hand was Mandi, therefore, Section 34 application could

have only been preferred before the District Judge at Mandi, have been

rejected.Since a common question arises for consideration, therefore,

the present petitions are being taken u p together.

2. The arbitrator in the case at hand is appointed by the

Central Government under section 3-G (5) of the National Highways

Act, 1956.The same reads as follows;

3-G. Determination of amount payable as compensation.

(5) If the amount determined by the competent authority

under sub-section (1) or sub-section (2) is not acceptable

to either of the parties, the amount shall, on an application

by either of the parties, be determined by the arbitrator to

be appointed by the Central Government.

(6) Subject to the provisions of this Act, the provisions of

the Arbitration and Conciliation Act, 1996 (26 of 1996),

shall apply to every arbitration under this Act.

3. Section 3-G (6) of the National Highways Act, 1956 makes

the provisions of the Arbitration and Conciliation Act, 1996 (26 of

1996)applicable to every arbitration under the National Highways Act,

1956. Generally speaking, regulation of arbitration consists of four steps

under the Arbitration and Conciliation Act, 1996:

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(a)In Part I, of the Arbitration and Conciliation Act, 1996 (26

of 1996)Section 8 regulates the commencement of

arbitration;

(b) In Part I, of the Arbitration and Conciliation Act, 1996

(26 of 1996)Sections 3, 4, 5, 6, 10 to 26, 28 to 33 the

conduct of arbitration;

(c) In Part I, of the Arbitration and Conciliation Act, 1996

(26 of 1996)Section 34 regulates the challenge to the

award; and

(d) In Part I,of the Arbitra tion and Conciliation Act, 1996 (26

of 1996) Sections 35 and 36 the recognition or

enforcement of the award.

Sections 1, 2, 7, 9, 27, 37, 38 to 43 are ancillary

provision(s) that either support the arbitral process or are

structurally necessary. Thus, it can be seen that Part I

deals with all stages of the arbitrations which take place in

India.See paras 121,122 of Bharat Aluminium Co. v.

Kaise