DILIP BUILDCON LTD Vs. GHYANSHYAM DAS DWIVEDI

JUDGEMENT

(1.) The applicant has filed the present revision challenging the order dated 14.02.2018 passed by Civil Judge, Class-I, Bijawar, District Chhatarpur thereby dismissing the application preferred by the applicant company under Order 7 Rule 11 of the CPC.

(2.) The applicant company was awarded the contract for construction of Hata, Fathepur, Rajpura, Silapuri, Bajna, Daguwa (SH-48) Road on BOT basis by M.P. Road Developement Corporation vide order dated 10.08.2015. Thereafter, the applicant company begun with its construction activity of the road in terms of assigned scope of work. The respondent approached to the Tehsildar of Tehsil Baxwah, District Chhatarpur stating that the construction of the bridge in Darguwa-Hata Road is being carried out by the applicant without acquiring its property having description as House no.337 built over Khasra No.549/4 in Village Bajna, Tehsil Baxwah, District Chhatarpur admeasuring 0.06 Are.

(3.) The applicant filed its reply and stated that the permission was granted to the applicant company to carry out the construction activity by the authorities vide order dated 10.01.2017. The M.P. Road Development Corporation also filed its reply to the complaints of the respondent and stating that the land acquisition proceedings with respect to suit property is in process and the same is to be concluded. The respondent thereafter filed a civil suit no.1-A/2017 before the Civil Court Bijawar, District Chhatarpur for declaration of title as well as permanent injunction.