Arbitration Case No.954 of 2024

Date of Decision : 05.01.2026

Mohan Chand

…… Petitioner

Versus

National Highways Authority of India and another

……Respondents

Coram:

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

Whether approved for reporting?, IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA No

For the petitioner : Mr. Nalneesh, Advocate, vice Mr. Hamender Singh

oChandel, Advocate.

For the respCondents : Ms. Shreya Chauhan, Advocate, for respondent

No.1.

Mr. Diwakar Dev Sharma, Additional Advocate

h General, for respondent No.2/State.

Bipin Chander Negi, Judge (oral )

i The present petition has been filed by the petitioner, seeking

mainly the following relief:-

“1. That the period since the pendency of the Arbitration Case No.160/16 titled Mohan Chand 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.”

2. Heard learned counsel for the parties. Perused the petition and the documents appended along-with present petition. The arbitral proceedings, in the case at hand, were terminated by the Divisional

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

Commissioner/Arbitrator for National Highway Authority of India vide judgment dated 13.03.2023 on account of the fact that the mandate of the Arbitrator, in terms of Section 29(a), had lapsed.

3. Being aggrieved by the same, the pHresent petitioner had approached this Court by filing Arbitration Case No.703 of 2023. The same was decided vide order dated 24.08.2023. Thfe order is being reproduced here-in-below for ready reference:-

“Learned counsel for respondent No.1, has submitted that similar matter was decided by the Coordinate Bench of this Court on 17.07.2023 in Arbitration Case No.521 of 2023, titled Begma vs. Collector Land Acquisition and Ors.

In view of the submission made by learned counsel for respondent No.1, as well as taking into consideration the aforesaid order, learned Arbitrator is granted six months’ time from the date parties appear before the learned Arbitrator to complete the arbitration proceedings. As far as, the issue for awarding interest is concerned, learned Arbitrator is also free to deal with the same and the respondents are at liberty to agitate the issue of interest, which shall be considered by learned Arbitrator, as per law. The parties are directed to appear before learned Arbitrator on

12.09.2023. The petition stands disposed of.

H The parties are permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.”

4. It is the case of the petitioner that on the date directed, i.e., 12.09.2023, the petitioner had gone to the Office of the Divisional Commissioner-cum-Arbitrator for National Highway Authority of India and he had furnished a copy of the judgment dated 24.08.2023 extending the time for completing the arbitral proceedings in the Office of the said Authority.

5. From perusal of the record, it is evident that on 12.09.2023, the Divisional Commissioner-cum-Arbitrator for National Highway Authority of India was unavailable and, hence, no proceedings could be conducted on the said date. No arbitral proceedings were conducteHd in the case of the petitioner after 12.09.2023.

6. From perusal of the record, it is alfso evident that the petitioner, in the case at hand, has exhibited a complete lack of diligence in pursuing the remedies available to him. However, keeping in view the fact that the arbitral proceedings pertain to rdetermination of compensation qua lands of the petitioner which have been acquired, hence, the parties are being relegated to the Arbitral Tribunal for early adjudication of the matters. It is expected thCat the petitioner henceforth shall be vigilant in pursuing the remedies available to him.

7. hIn view of the aforesaid