NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. ANITA

JUDGEMENT

(1.) Heard finally, with the consent of the learned counsel for the parties.

(2.) In brief, the facts of the case are that the respondents herein are the owners of land situated at District Dewas which was sought to be acquired by the petitioner National Highway Authority of India for construction of National Highway Number 3 (NH-3) in Shivpuri-Dewas Zone. In the aforesaid acquisition proceedings, the Competent Authority (Sub Divisional Officer, Revenue, Dewas) passed an award on 7/2/2013 (Annexure P/6). This award was challenged by the respondents before the statutory Arbitrator, National Highway Tribunal & Court of Commissioner, Ujjain Division, Ujjain (MP), who vide its order dtd. 13/8/2018 (Annexure P/2) passed the final award. The aforesaid final award was challenged by the petitioner before the Additional District & Sessions Judge, Ujjain under Sec. 34 of the Arbitration & Conciliation Act, 1996 (herein after referred to as the Act of 1996) for cancellation of the final award dtd. 13/8/2018. In the aforesaid proceedings, the respondents filed an application dtd. 29/7/2019 under Sec. 16 of the Code of Civil Procedure, 1908 (CPC) read with Ss. 34 (2) and 34 (5) of the Act of 1996, contending that the Ujjain Court has no jurisdiction to entertain the aforesaid application filed by the National Highway Authority of India under Sec. 34 of the Act of 1996, as the appropriate forum would be the Court at Dewas only, where the subject matter of the dispute is situated.

(3.) The learned Judge of the lower Court, vide its impugned order dated dtd. 9/2/2021, (Annexure P/1) has allowed the aforesaid application under Sec. 16 of the CPC filed by the respondents and has rejected the application filed by the petitioner under Sec. 34 of the Act of 1996; and also directing the petitioner to file the application under Sec. 34 of the Act of 1996 before the appropriate Court of jurisdiction.