✦ High Court of India · 20 Mar 2025

Ms. Smita Maan, Mr. Vishal Maan, Mr. Aditya Singh and Mr. Kartik Dabas, Advocates v. UNION OF INDIA & ANR

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Length
1,069 words

Through: Mr. Vikram Jetly, CGSC, Mr Rakesh Kumar, CGSC with Ms. Shreya Jetly and Mr. Sunil Kumar, Advocates for R-1/UoI. Mr. Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advocates for R- 2/NHAI. + O.M.P. (MISC.) 11/2025 SURENDER RANA .....Petitioner Through: Ms. Smita Maan, Mr. Vishal Maan, Mr. Aditya Singh and Mr. Kartik Dabas, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Vikram Jetly, CGSC, Mr Rakesh Kumar, CGSC with Ms. Shreya Jetly and Mr. Sunil Kumar, Advocates for R-1/UoI. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:03:29 Mr. Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advocates for R- 2/NHAI. + O.M.P. (MISC.) 12/2025 RENU RANA .....Petitioner Through: Ms. Smita Maan, Mr. Vishal Maan, Mr. Aditya Singh and Mr. Kartik Dabas, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Vikram Jetly, CGSC, Mr Rakesh Kumar, CGSC with Ms. Shreya Jetly and Mr. Sunil Kumar, Advocates for R-1/UoI. Mr. Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advocates for R- 2/NHAI. + O.M.P. (MISC.) 13/2025 RENU RANA AND ANR. .....Petitioners Through: Ms. Smita Maan, Mr. Vishal Maan, Mr. Aditya Singh and Mr. Kartik Dabas, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Vikram Jetly, CGSC, Mr Rakesh Kumar, CGSC with Ms. Shreya Jetly This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:03:29 and Mr. Sunil Kumar, Advocates for R-1/UoI. Mr. Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advocates for R- 2/NHAI. + O.M.P. (MISC.) 14/2025 SMT SAJJAN KAUR .....Petitioner Through: Ms. Smita Maan, Mr. Vishal Maan, Mr. Aditya Singh and Mr. Kartik Dabas, Advocates. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Vikram Jetly, CGSC, Mr Rakesh Kumar, CGSC with Ms. Shreya Jetly and Mr. Sunil Kumar, Advocates for R-1/UoI. Mr. Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel and Ms. Sanya Sharma, Advocates for R- 2/NHAI. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD % O R D E R 20.03.2025 I.A. 7182/2025 (Exemption) in O.M.P. (MISC.) 10/2025 I.A. 7183/2025 (Exemption) in O.M.P. (MISC.) 11/2025 I.A. 7184/2025 (Exemption) in O.M.P. (MISC.) 12/2025 I.A. 7185/2025 (Exemption) in O.M.P. (MISC.) 13/2025 I.A. 7186/2025 (Exemption) in O.M.P. (MISC.) 14/2025 Allowed, subject to all just exceptions. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:03:29 O.M.P. (MISC.) 10/2025 O.M.P. (MISC.) 11/2025 O.M.P. (MISC.) 12/2025 O.M.P. (MISC.) 13/2025 O.M.P. (MISC.) 14/2025 1. These Petitions under Section 29A(4) of the Arbitration and Conciliation Act, 1996 have been filed by the Petitioner for extending the mandate of the Arbitral Tribunal in the Arbitration proceedings which are going on between the parties. 2. Material on record indicates that Special Secretary, Land and Building Department of GNCT of Delhi was authorized to act as the Arbitrator for all revenue Districts of Delhi for determination of compensation under Section 3G (5) of the National Highway Act 1956 for the acquired land. It is stated that the mandate of the Arbitrator has expired. 3. It is stated that the pleadings have been completed on August, 2022. It is stated that the arbitral proceedings and the connected arbitration petitions were listed before the statutory Arbitrator on several occasions, however for one reason or other beyond the control of the parties and the Ld. Arbitrator, the proceedings could not be concluded and same are still pending before the Ld. Sole Arbitrator. It is further stated that arbitral proceeding is in nature of statutory arbitration by the nominated officer of Government/statutory Arbitrator under the National Highways Act and the subject proceedings herein are tagged along with other several similar petitions/applications pertaining to acquisition of other lands situated in same village acquired vide the same common Award for same public purpose. It is sated that due to several connected matters, completion of pleadings therein taking substantial time, frequent change of officer acting This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:03:29 as the statutory arbitrator and the officer/statutory arbitrator being also being occupied in administrative duties, the above arbitral proceedings are still pending till date and meanwhile the time period stipulated under the Arbitration and Conciliation Act, 1996 (as amended) for passing of the Award by the Ld. Arbitrator stood expired. 4. Learned Counsel for the Respondents have no objection if the mandate of the Arbitral Tribunal is extended. 5. The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be. 6. Accordingly, this Court is inclined to regularize the mandate of the Arbitral Tribunal till today and extend the mandate of the Arbitral Tribunal for a further period of one year from today, i.e. till 20.03.2026, so that the award can be pronounced and no further extension of time would be required by the Tribunal. 7. The Petition are disposed of, along with the pending applications, if any. MARCH 20, 2025 RJ SUBRAMONIUM PRASAD, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:03:29

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