Retired DJ or Adl DJ may be  arbitrator under NHAI Act : HC

Taking note of the whooping pendency of arbitration cases and overburdened Divisional Commissioners, who have been appointed as Arbitrator(s), by the Central Government, under the NHAI Act, the High Court of  Himachal Pradesh has held that it would be more appropriate if serving or retired District Judges or Additional District Judges, are conferred with such powers.

The order came to be passed by Justice Tarlok Singh Chauhan today on several petitions involving common questions of law and facts, filed for an extension of time of the mandate of the Arbitrator(s).  The Central Government, vide order dated March 22, 2012, appointed Divisional Commissioner Shimla, for the revenue Districts Shimla and Solan and Divisional Commissioner Mandi, for the revenue Districts of Bilaspur, Mandi, and Kullu to be Arbitrator(s) and vested them with all the powers under the NHAI Act.

However, the Court was informed that as many as 869 cases are pending before the Divisional Commissioner, Shimla, and a whooping pendency of 2660 cases before the Divisional Commissioner, Mandi, some of which relate to year 2015.

It was also brought to the notice of the Court by the Counsels for the petitioner(s) that the Divisional Commissioners, Shimla, and Mandi, are overburdened with revenue matters, in addition to routine administrative work and they have no time to decide these cases. The court found that in such circumstances, the claimants and their lawyers are made to run from pillar to post and kept waiting for a considerable period for the decision by the authority.

When the decision is not rendered, the helpless claimants have no option but to approach Court, which only adds to the litigations before the Courts, which, in turn, are overburdened. The Court observed that the issue is indeed extremely serious and therefore, required to be deliberated upon by all the stakeholders more particularly.

NHAl and Central Government the Court extended the time for Completing the arbitrator proceedings in the instant petitions up to Feb.28, 2024.  The Court has directed the Deputy Solicitor General of India. HP. to file action taken report on the basis of this order within four weeks.