Satish Kumar vs Sub-Divisional Officer (C) Shimla on 24 July, 2023

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Himachal Pradesh High Court

Satish Kumar vs Sub-Divisional Officer (C) Shimla on 24 July, 2023

Bench: Vivek Singh Thakur

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Arb. Case No. 464 of 2023
                                                     Decided on: 24.7.2023.




                                                                          .
    Satish Kumar                                                       ....Petitioner.





                      Versus
    Sub-Divisional Officer (C) Shimla





    (Rural)-cum- Competent Authority Land
    Acquisition, NHAI (Parwanoo-Shimla 4
    Lane) & Anr.                                                      ....Respondents.
    ................................................................................................





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur.
    Whether approved for reporting?1

    For the petitioner
                         r             :     Ms. Seema K. Guleria, Advocate.

    For the respondents                :     Mr. Anup Rattan, Advocate General,
                                             with Mr. Pushpender Jaswal,
                                             Additional Advocate General, for
                                             respondent No.1.



                                             Mr. K.D. Shreedhar, Sr. Advocate with
                                             Ms. Shreya Chauhan, Advocate, for




                                             respondent No.2.





    Vivek Singh Thakur, J.(Oral)

This petition has been filed for extension of time for deciding case No. 72 of 2017 pending adjudication before the Arbitrator-cum-Divisional Commissioner, Shimla.

2. On perusal of record and as also submitted by learned counsel for parties, reference was made on 21.3.2017, reply thereto was filed on 22.8.2017. It has been further submitted that written 1 Whether reporters of the local papers may be allowed to see the judgment?

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arguments on behalf of parties were submitted to the Arbitrator in September, 2017 and since then matter is pending before the .

Arbitrator-cum-Divisional Commissioner, Shimla for final adjudication.

3. Learned counsel for respondent No.1 submits that proceedings before the Arbitrator have been delayed whereas respondent No.1 had filed reply in the year 2017 and thereafter written arguments were also submitted in 2017 itself but now for delay in adjudication of the matter respondent No.1 is going to suffer interest payable on the awarded compensation and therefore petitioner should not be held entitled for such interest.

4. Learned counsel for the petitioners submits that there is no delay on the part of the petitioner and delay, if any, is on the part of the Arbitrator and for which petitioners shall also not be made to suffer. It has been further submitted by learned counsel for the petitioners that major portion of delay is caused on account of Corona Pandemic 2019 and, therefore, matter could not be decided.

5. So far as the issue of awarding the interest in the award is concerned, the same is to be dealt with by the Arbitrator. The respondents are at liberty to raise this issue before the Arbitrator, which shall be considered by the Arbitrator in accordance with law keeping in view the facts and circumstances.

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6. The proceedings before the Arbitrator are at the arguments stage and thereafter award is to be pronounced.

7 Taking into consideration the entire facts and circumstances, time to complete the arbitration proceedings is extended upto 31.10.2023.

8. It has informed that next date fixed before Arbitrator is 18.8.2023. Parties are directed to ensure their presence before the to proceed further ex parte.

r to Arbitrator on the said date, failing which Arbitrator shall be at liberty Petition stands disposed of in aforesaid terms.

(Vivek Singh Thakur) Judge 24th July, 2023.

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