Shimla, July 10,
The Himachal Pradesh High Court addressed a protracted arbitration case concerning land acquisition in Bilaspur District for the widening and maintenance of a national highway.
The dispute revolves around the Award of November 25, 2016, and its supplementary award, impacting the petitioners who had initially sought redress through a Reference Petition in 2019.
The case highlights significant procedural delays and the resultant frustrations faced by landowners awaiting fair compensation.
The Arbitrator, initially appointed by the Central Government on March 22, 2012, under the National Highways Act of 1956, had failed to conclude the proceedings within the stipulated timeframe.
Despite notices issued for hearings in October 2019, the process was notably delayed, with the right to file replies closing on December 31, 2021. By December 26, 2022, it was observed that the Arbitrator’s mandate had expired, necessitating an extension under Section 29-A of the Arbitration and Conciliation Act, 1996.
Justice Bipin Chandra Negi, presiding over the case, expressed discontent with the conduct of the Arbitrator, pointing out the numerous adjournments that had significantly impeded progress. He emphasized the necessity of adhering to statutory timelines, underscoring that any delays must be bona fide and justifiable.
The Court highlighted the statutory requirement for the completion of pleadings within six months and the issuance of an award within twelve months thereafter, extendable only by mutual consent of the parties for up to six additional months.
In his judgment, Justice Negi underscored the obligation to ensure fair and just compensation for the petitioners, whose lands had been acquired years ago. He mandated that the Arbitrator must conclude the proceedings by January 8, 2025, and urged the establishment of a clear timetable to guide the remaining process.
