Taking note of large pendency of arbitration cases overburdening 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 was passed by single bench of justice Tarlok Singh Chauhan, on a number of petitions involving common questions of law and facts, filed for extension of time of the mandate of the arbitrator(s).
The Central government, vide order dated March 22, 2012, appointed the Shimla divisional commissioner, for the revenue districts Shimla and Solan and Mandi divisional commissioner for the revenue districts of Bilaspur, Mandi and Kullu to be the arbitrator(s) and vested them with all the powers under the NHAI Act.
However, the court was informed that there are 869 cases pending before the divisional commissioner, Shimla, and a whooping pendency of 2,660 cases before the divisional commissioner, Mandi, some of which relate back to year 2015.
It was also brought to the notice of the court by the counsels for the petitioner(s) that the divisional commissioners of 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 already overburdened.
{{/usCountry}}It was also brought to the notice of the court by the counsels for the petitioner(s) that the divisional commissioners of 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 already overburdened.
{{/usCountry}}The court observed that the issue is indeed extremely serious and therefore required to be deliberated upon by all stakeholders, more particularly, NHAI and Central government. The court extended the time for completing the arbitral proceedings in the instant petitions up to February 28, 2024. The court has directed the Deputy Solicitor General of India, HP to file action taken report on the basis of the order within four weeks.