Project Director National ... vs Sanjay Kumar
2022 Latest Caselaw 210 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



ARBITRATION APPEAL                              27/2015
NO.
Parties Name                   PROJECT DIRECTOR
                               NATIONAL HIGHWAY AUTHORITY OF INDIA

                               VS.

                               SANJAY KUMAR
                               AND OTHERS
Bench Constituted              Single Bench
Judgment delivered By          HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether       approved   for
reporting
Name of counsel for parties For petitioner: Shri K. N. Pethia, Advocate.

                               For Respondents : Shri H. K. Upadhyay, Advocate .

Law laid down Significant paragraph number

(O R D E R ) 05/01/2022

Appellant has filed this appeal under section 37(1)(b) of

Arbitration and Conciliation Act, 1996 (hereinafter referred to

as the Act of 1996) challenging order dated 24.02.2015

passed in M.J.C No.7/2013 by First Additional District Judge,

Narsinghpur allowing application file by respondents under

section 34 of the Act of 1996, whereby order dated 16.5.2011

passed by Commissioner/Arbitrator Jabalpur Division, Jabalpur in

Case No.579A/82/07-08 was rejected.

2. Award was passed in Revenue Case No.29A/82/04-05 dated

31.8.2007 by competent authority for acquisition of land

belonging to respondents for construction of N.H-26.

3. Learned counsel for respondents submitted that Arbitration

Appeal No.38/2015, filed before High Court, was dismissed by

judgment dated 27.11.2019. In said Arbitration Appeal same

award, i.e. dated 31.8.2007 for acquisition of land in respect of

N.H-26 was under consideration. It is submitted that present case

is covered by said judgment. Learned counsel for respondents

placed on record judgment dated 27.11.2019 passed in A.A

No.38/2015.

4. Considered order dated 27.11.2019 passed by this Court in

AA No.38/2015 which was dismissed on ground that award dated

31.8.2007 was not challenged by appellant before

Commissioner/Arbitrator under Section 3(g)(v) of the National

Highways Act, 1956. Respondents had filed an appeal before

Arbitrator/Commissioner. Arbitrator/Commissioner rejected the

claim and thereafter application was preferred under Section 34A

of the Act of 1996. Against said order this Arbitration Appeal has

been filed. Since original award was not challenged by the

appellant and appeal has been filed challenging quantum of

award and grounds available under section 34 of the Act of 1996,

was not raised, learned Single Judge had dismissed Arbitration

Appeal.

5. In this Arbitration Appeal order dated 24.2.2015 passed by

Additional District Judge is under challenge but no appeal or cross

appeal was preferred by appellant against award dated

31.8.2007 passed in Land Acquisition Case. Arbitration appeal is

filed only against valuation of property. Grounds under section

34 of the Act of 1996, is not raised by appellant.

6. Grounds and facts in this Arbitration Appeal are similar to

that of Arbitration Appeal No.38/2015.

7. Considering the aforesaid facts and circumstances of the

case, since appellant has not preferred any appeal against award

dated 31.8.2007 before Arbitrator/Commissioner and none of the

grounds of section 34 of the Act of 1996, is available to the

appellant, therefore, Arbitration Appeal is dismissed.

(VISHAL DHAGAT) JUDGE mms

Digitally signed by MONSI M SIMON Date: 2022.01.06 15:03:17 +05'30'