Authority: High Court of Himachal Pradesh, Shimla
Order Date: 16 October 2026
Case Overview
- Petitioner: National Highway Authority of India (NHAI)
- Respondents: Jeewan Lal Kumar & another
- Counsel: For petitioner – Mr. Karan Sharma, Advocate; for respondent No.2 – Mr. Diwakar Dev Sharma, Additional Advocate General (who waived service of notice).
- Judge: Hon'ble Mr. Justice Romesh Verma
- Petition: Filed under Section 29(A)(4) & (5) of the Arbitration and Conciliation Act, 1996 seeking extension of time for completion of arbitral proceedings in Reference Petition No. 573 of 2022, titled National Highway Authority of India, Palampur vs. Jeewan Lal & others.
- Arbitration Context: The dispute arises from land acquired in District Kangra, Himachal Pradesh for construction of a National Highway under the National Highways Act, 1956. NHAI filed Reference Petition No. 573 of 2022 against an award passed by the competent authority, alleging undue delay by the Arbitrator‑cum‑Divisional Commissioner, Kangra Division at Dharamshala.
- Court Findings: The Court observed that the Arbitrator had violated statutory provisions of the Arbitration and Conciliation Act, 1996 by closing proceedings after the statutory time limit elapsed without a bona‑fide, explainable reason. The delay was deemed unacceptable.
Final Outcome
- The Court allowed the petition and directed the Arbitrator‑cum‑Divisional Commissioner, exercising powers under Section 3 of the National Highways Act, 1956, to conclude the arbitral proceedings and pass the award in Reference Petition No. 573 of 2022 on or before 16 April 2027.
- The Arbitrator is further directed to serve Respondent No.1 through the counsel who represented him before the authority; after service, the Arbitrator shall proceed in accordance with law.
- The petition is disposed of in the terms stated above.
Topics: Arbitration, Infrastructure Projects, Judicial Orders