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2025 Supreme(Online)(HP) 9863

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA


Arbitration Case No:51 of 2025


a/w Arbitration Case Nos.52, 53 & 81 of 2025.


Decided on: 17.03.2025


2025:HHC:6238

1. Arbitration Case No.51 of 2025

Gopinder Singh ...Petitioner

Versus

The Land Acquisition Officer ...Respondents

Cum Competent Authority (SLAU)

and Another.

2. Arbitration Case No.52 of 2025

Narender Singh ...Petitioner

Versus

The Land Acquisition Officer ...Respondents

Cum Competent Authority (SLAU)

and Another.

3. Arbitration Case No.53 of 2025

Narender Singh ...Petitioner

Versus

The Land Acquisition Officer ...Respondents

Cum Competent Authority (SLAU)

and Another.

4. Arbitration Case No.81 of 2025

Gopinder Singh ...Petitioner

Versus

The Land Acquisition Officer ...Respondents

Cum Competent Authority (SLAU)

and Another.

Coram

Hon’ble Mr. Justice Ranjan Sharma, Judge, (Whether approved for reporting? No.)

For the petitioners : Mr. H.S. Rangra, Advocate, in all the petitions.

For the respondents : Ms. Shreya Chauhan, Advocate, for the respondents-NHAI, in all the petitions.

Ranjan Sharma, Judge

Since common question of facts and law are involved, therefore, with the consent of parties, all these cases, are taken up for adjudication together at this stage, in the interests of justice.

2. Learned Counsel for petitioners states that Arbitration Case No.51 of 2025, titled as Gopinder Singh versus The Land Acquisition Officer Cum Competent Authority (SLAU), may be treated as ‘Lead Case’ for adjudication of all the connectedWhether reporters of Local Papers may be allowed to see the judgment? Yes

petitions. Prayer not opposed by Learned Counsel for contesting respondents-NHAI. The prayer is allowed and accordingly, this Court proceeds in the above matters.

3. Petitioner [Gopinder Singh] in Lead Case i.e. Arbitration Case No.51 of 2024, has come up, before this Court, seeking the following relief(s):-

“It is, therefore, respectfully submitted that keeping in view the submission made here in above the present petition/application may kindly be allowed the Ld. Arbitrator cum Divisional Commissioner Mandi Division Mandi H.P. be granted further more time to complete the arbitration proceedings in Ref. No.673/18 or any other relief as this Hon’ble Court deem fit may kindly also be granted in favour of the applicant/petitioner in the larger interest of natural justice and justice be done.”

FACTUAL MATRIX IN LEAD CASE ARBITRATION CASE NO.51 OF 2025,

4. Case of petitioner [Gopinder Singh] in Arbitration Case No.51 of 2025, as set-up by Mr. H.S. Rangra, 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 Mandi-Gagal-Baggi-Janjehi and Shimla via Churag

Karsog, [NH-21] for building, widening, maintenance, management and operation of said Highway in State of Himachal Pradesh. Consequently, the land belonging to petitioner at Village Behna, Tehsil Balh, District Mandi [HP] was acquired by CALA i.e. Competent Authority/Land Acquisition in terms of an Award No.5/2016-17 (SNR), dated 15.12.2016.

4(i). Feeling aggrieved against the Award dated 15.12.2016, passed by Competent Authority for Land Acquisition, the petitioner filed a reference petition before Learned Arbitrator-cum-Divisional Commissioner, Mandi Division, Mandi, which was registered as Reference Petition No.673/18, whereby, Learned Arbitrator continued the arbitral proceedings, but on 16.02.2024 [Annexure P-2, Colly], referred to as the ‘Impugned Order’, the arbitral proceedings were closed and the mandate of Arbitrator was treated to have been terminated on the ground that arbitral proceedings could not be completed within the time schedule as per Section 29A(1) and Section 29A(3) of the Arbitration and

Conciliation Act.

4(ii). Consequent upon the passing of the Impugned Order on 16.02.2024 [Annexure P-2, Colly] terminating the mandate of Arbitrator and in keeping the arbitral proceedings in abeyance till extension was sought from a competent Court, therefore, in these circumstances, since the petitioner was left without any remedy coupled with the

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