DINESH KUMAR Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) By way of instant petition filed under S. 29-A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter, 'Act'), prayer has been made on behalf of petitioner for extension of time, enabling the learned Arbitrator to conclude the arbitration proceedings and pass arbitral award.

(2.) Precisely, the facts of the case, as emerge from the record, are that vide Award No. 17/1 of 2013-14 dtd. 31/12/2013, structure No. 73 i.e. House and Shed of the petitioner situate on Khasra No. 54/1, Village Palthin/460, Tehsil Ghumarwin, District Bilaspur, Himachal Pradesh, came to be acquired for the construction of four-lane (Bilaspur-Nerchowk Sec. ) road. Since the petitioner was not satisfied with the amount of compensation assessed by the Competent Authority-cum-Land Acquisition (CALA), he filed petition under S.3G(5) of National Highways Act, 1956 seeking enhancement of compensation awarded vide aforesaid award before learned Arbitrator-cum-Divisional Commissioner, Mandi (Annexure P-1).

(3.) Though pleadings in the case were completed on 22/8/2019, and matter was fixed for evidence thereafter, but the fact remains that till date, arbitral award has not been passed. Since, after amendment of the Sec. 29-A of the Act, it is mandatory for the arbitral tribunal to pass award within a period of 12 months from the date of completion of proceedings under sub-sec. 4 of Sec. 23 of the Act and arbitral tribunal has not been able to pass the award within the time stipulated herein above, petitioner being party to the arbitration proceedings has approached this court in the instant proceedings, praying therein for extension of time enabling the arbitral tribunal to pass an award.