9911796707
TMI Blog2021 (8) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... ers dated 24th March, 2020 passed by the learned District Judge, Keonjhar in the aforementioned arbitration cases. 2. The facts and issues more or less are similar in both the writ petitions and they are being disposed of by this common judgment. 3. The background facts are that the Opposite Parties in each of the two petitions filed Misc. (Arbitration) Case No.13 of 2017 and 14 of 2017 respectively before the Arbitrator, N.H. Act-cum- Collector, Keonjhar for redetermination of the land value under Section 3-G(5) of the National Highways Act, 1956 ('NH Act') towards acquisition of 0.704 hectares and 0.036 hectares respectively of Gharabari Kisam land under Khata No.136/381 for construction of a bye pass road N.H.6 for Keonjhar town. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director, Keonjhar dated 24th May, 2019. 6. In the written note, it is claimed that the 90 days period ended on 30th March, 2019 and the further 30 days i.e. 120 days period came to an end on 29th April, 2019. 7. The delay in filing the present petitions before the District Judge under Section 34 of the ANC Act till 17th June, 2019 is attributed to three factors. First, it is stated that elections to the Lok Sabha were notified by the Election Commission of India on 10th March, 2019. On 11th March, 2019 the District Election Office and Collector appointed the Special LAO and CA of N.H. 215 Project as a Nodal Officer for smooth management of the elections for the Lok Sabha as well as the Odisha Legislative Assembly. The next reason given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ineers & Contractors Pvt. Ltd.) (supra) dealt with the filing of an appeal under Section 37 of the A&C Act and not Section 34 of the A&C Act. Therefore, the said decision had no application to the facts of the present case. He also referred to the decision in Simplex Infrastructure Ltd. v. Union of India (2019) 2 SCC 455 and the decision of this Court in State of Odisha v. Durga Charan Routray 2007 (Supp.1) OLR 548 which placed the issue beyond the pale of controversy. 11. In the present case, admittedly the last date for filing of the petitions under Section 34 of the A&C Act by the NHAI to challenge the awards in question was 29th April, 2019. In terms of Section 34(3) of the A&C Act it was not possible for any challenge to be entertaine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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