Himachal Pradesh High Court
Gian Chand vs Collector Land Acquisition on 12 July, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Case No.476 of 2023 Date of Decision: 12.07.2023 .
_______________________________________________________ Gian Chand ....Petitioner Versus Collector Land Acquisition, National Highways Authority of India & ors.
... Respondents ________________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: r Mr. Maan Singh, Advocate.
For the Respondents: Mr. K.D.Shreedhar, Senior Advocate with Ms. Shreya Chauhan and Ms. Sneh Bhimta, Advocates, for respondent Nos. 1 and 2.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals with Mr. Rahul Thakur, and Mr. Ravi Chauhan, Deputy Advocate Generals, for respondent No.3-State.
_______________________________________________________ Sandeep Sharma, Judge(oral):
By way of instant petition, a prayer has been made to extend the time for completion of arbitration proceedings pending before learned Divisional Commissioner, Mandi, in Reference Petition No.1350 of 2017.1
Whether the reporters of the local papers may be allowed to see the judgment?::: Downloaded on - 13/07/2023 20:34:19 :::CIS 2
2. It is submitted in the application that though the proceedings were started by learned Divisional Commissioner, Mandi, in the year 2017 and the evidence etc., was recorded but due to .
COVID pandemic conditions, the delay in further proceedings of the case was caused. As a result of aforesaid exigency, the docket of learned Divisional Commissioner, Mandi, is clogged with similar matters which are pending before such authority. On such grounds extension of time is sought.
3. The respondents, though, have filed reply in the court today itself, but there is no opposition to the prayer made in the application. The application is duly supported by an affidavit. The record of the proceedings held by Divisional Commissioner, Mandi, has also been placed on record. From perusal of the reasons stated in the application as also the record of the learned Divisional Commissioner, Mandi, I am satisfied that the delay in completion of proceedings is neither intentional nor willful, but is on account of reasons which were beyond the control of the learned Arbitrator as also the parties concerned.
4. Otherwise, parties are ad-idem that the issue at hand has been adjudicated by this Court in Arb. Case No. 44 of 2023, titled Nand Lal alias Nand Lal Vardhan v. Land Acquisition Collector ::: Downloaded on - 13/07/2023 20:34:19 :::CIS 3 and others, wherein provisions of S.29A of the Act have been discussed in detail.
5. In view of this, the application is allowed. The time for .
completion of arbitration proceedings by learned Divisional Commissioner, Mandi, in Reference Petition No.1350 of 2017 is extended by six months to be reckoned from the date parties appear before learned Arbitrator. Parties are directed to appear before learned Arbitrator on 17.7.2023. The petition is accordingly disposed of.
A downloaded copy of this order shall suffice for the learned arbitrator to do the needful in terms thereof.
(Sandeep Sharma), Judge July 12, 2023 (shankar) ::: Downloaded on - 13/07/2023 20:34:19 :::CIS