TULSARANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against an order of the Presiding Officer, Commercial Court, Jhansi dtd. 28/9/2021, to the extent it directs return of Arbitration Misc. Case No. 52 of 2021 and Arbitration Misc. Case No. 2 of 2021, under Sec. 34 of the Arbitration and Conciliation Act, 1996, for presentation to the proper Court.

(2.) It is common ground between parties that the petitioners' land comprised in a part of Arazi No. 73 of Village Raimalpura, Tehsil Kulpahar, District Mahoba, was acquired by the Central Government for widening of National Highway No. 76 from 89.600 kms. to 133.520 kms. The petitioners' land in Arazi No. 73 aforesaid, which shall hereinafter be called 'the land in question' was acquired through a Notification No. 2345 dtd. 18/8/2017, issued and published by the Central Government under Sec. 3(2) of the National Highways Act, 1956 (for short, 'the Act of 1956'). The notification last mentioned was followed by Notification No. 3378 dtd. 8/12/2017, published in the Gazette Extraordinary dtd. 8/12/2017 of the Government of India. Under the said notifications, a total 0.7507 hectare of land was acquired in Village Raimalpura, out of which 0.6587 hectare was found to be agricultural land, while the balance 0.0920 hectare was determined as State land. The land in question is part of the aforesaid total area of land acquired in Village Raimalpura.

(3.) A notification was published in two local newspapers i.e. Dainik Jagran and Times of India dtd. 22/12/2017, asking persons affected to produce their claims for compensation under Sec. 3G of the Act of 1956. The first petitioner laid claim to the land in question supported by necessary evidence before the Competent Authority under Sec. 3G. The Competent Authority/ Special Land Acquisition Officer, Banda passed an award dtd. 7/7/2018, assessing compensation for the entire land acquired in Village Raimalpura, including the land in question, on the basis that it is agricultural land. Compensation was determined, treating the land to be agricultural.