Punjab-Haryana High Court
M/S Atlanta Ropar Tollways Pvt Ltd vs Government Of Punjab And Ors on 15 March, 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-COM No.19 of 2016
Date of Decision:15.03.2017
M/s Atlanta Ropal Toolways P. Ltd. .....Petitioner
vs.
Government of Punjab and others .....Respondents
CORAM: HON'NLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Anand Chhibbar, Sr. Advocate with
Mr. Inderpreet Singh, Advocate for the petitioner.
Mr. Inder Pal Goyat, Addl. AG, Punjab.
Mr. J.S. Toor, Advocate for respondent No.6.
******
Rakesh Kumar Jain (Oral) This petition is filed by the petitioner alleging that the Punjab Infrastructure Regulatory Authority (for short, `PIRA') has not been duly constituted in terms of Section 4 of the Punjab Infrastructure (Development and Regulation) Act, 2002 (for short, `the Act'), therefore, the petitioner may be relegated to the Arbitral Tribunal constituted in terms of Arbitration and Conciliation (Amended) Act, 2015 in order to raise its grievance in respect of the various issues arising from the agreement.
After notice, the respondent has produced the notification issued by the Finance Department inviting applications for the appointment of Chairman and two Members of PIRA. The last date for receipt of the application is fixed as 20.3.2017.
The learned Additional Advocate General, Mr. Inder Pal Goyat, on instructions from Inderjeet Singh, Execu` tive Engineer, PWD (B&R) has stated at the bar that the PIRA shall be constituted within a period of eight weeks from today.
1 of 2 ::: Downloaded on - 19-03-2017 22:12:39 ::: CWP-COM No.19 of 2016 -2- Counsel for the petitioner has submitted that the respondent may not initiate any coercive steps to the detriment of the interest of the petitioner. At present, no coercive steps are being taken by the respondents as stated by the State Counsel, therefore, there is no need to pass any order in this regard. However, this question is left open that in case any steps, which are found to be coercive by the petitioner, it may file an appropriate application in the petition.
It is further made clear that in case the PIRA is not constituted by the respondents within the time prescribed by this Court, the petitioner may file an application for revival of the petition for constitution of Arbitral Tribunal. The petition is thus disposed off.
March 15, 2017 (Rakesh Kumar Jain)
renu Judge
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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