Punjab-Haryana High Court
Star Wire India Ltd vs State Of Haryana And Ors on 11 December, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
CR-7212-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(121)
CR-7212-2024
Date of decision:- 11.12.2024
Star Wire India Limited ... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Deepender Singh, Advocate
for the petitioner.
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SUVIR SEHGAL, J. (ORAL)
1. By way of instant revision petition, petitioner has approached this Court under Article 227 of the Constitution of India inter-alia for issuance of a direction to respondent No.2 to expeditiously decide Petition No.28 of 2016 titled as "M/s Star Wire India Limited Versus State of Haryana and others", Annexure P-3.
2. Counsel for the petitioner submits that land belonging to the petitioner in village Ballabagarh was acquired vide notifications dated 04.12.2009 and 12.03.2010 issued under the National Highways Act, 1956 (for short "the 1956 Act") for widening of National Highway-2 (Delhi-Agra Section). Notification under Section 3-D of the 1956 Act was published on 23.07.2010 and the compensation for the acquired land was assessed by the competent authority vide his award dated 20.11.2012, Annexure P-2. Counsel states that as the compensation awarded was inadequate, a reference has been made for enhancement of the compensation vide petition KAMAL SHARMA 2024.12.12 16:51 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh. CR-7212-2024 -2- dated 31.12.2015, Annexure P-3, and although a reply dated 14.07.2016, Annexure P-4, has been filed by the respondents, but the reference has not been decided.
3. Issue notice of the petition restricted to respondents No.1 to 3 only at this stage.
4. On asking of the Court, Mr. Sharad Aggarwal, DAG, Haryana accepts notice on their behalf and submits that he is not in a position to dispute the factual position. He, however, submits that a perusal of the orders, Annexure P-5, passed by the Arbitrator show that the delay in the conclusion of the arbitral proceedings is on account of non-cooperation of the counsels, who have not been appearing before him.
5. Be that as it may, it cannot be disputed that the reference petition is pending for the last almost nine years. The purpose of referring a dispute to arbitration is its expeditious and efficacious disposal. Pendency of a petition for years together, defeats the objective of the Arbitration and Conciliation Act, 1996.
6. In view of the indubitable position, petition is disposed of with a direction to the Arbitrator-respondent No.2 to decide the reference as expeditiously as possible preferably within a period of six months from the date of receiving of a copy of this order.
(SUVIR SEHGAL)
JUDGE
11.12.2024
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
KAMAL SHARMA
2024.12.12 16:51
I attest to the accuracy and
authenticity of this order/judgment
High Court, Chandigarh.