Madhu Devi Jat vs The State Of Madhya Pradesh
2023 Latest Caselaw 2732 MP

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                             IN    THE     HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                             HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                       &
                                HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                            ON THE 14 th OF FEBRUARY, 2023
                                             MISC. PETITION No. 693 of 2023

                            BETWEEN:-
                            MADHU DEVI JAT W/O SHRI SHYAM SINGH JAT, AGED
                            ABOUT 51 YEARS, OCCUPATION: HOMEMAKER R/O
                            KURAVAR TEHSIL NARSINGHARH DISTT. RAJGARH
                            (MADHYA PRADESH)

                                                                                .....PETITIONER
                            (SHRI JEETENDRA LODHI, LEARNED COUNSEL FOR THE PETITIONER )


                            AND
                            1.    THE STATE OF MADHYA PRADESH COLLECTOR
                                  DISTT. RAJGARH BIAORA NEW COLLECTORATE
                                  COMPOSITE BUILDING ROOM NO. 101 RAJGARH
                                  (MADHYA PRADESH)

                            2.    SUB DIVISIONAL OFFICER (REVENUE) CUM LAND
                                  ACQUISITION     OFFICER    /   COMPETENT
                                  AUTHOR ITY SUB DIVISION NARSINGHGARH
                                  (MADHYA PRADESH)

                            3.    DEPUTY   GENERAL  MANAGER M.P. ROAD
                                  DEVELOPMENT CORPORATION, GUNA (MADHYA
                                  PRADESH)

                            4.    NATIONAL HIGHWAY AUTHORITY OF INDIA
                                  THROUGH     PROJECT   DIRECTOR REGIONAL
                                  OFFICE, E-2/167, ARERA COLONY NEARY
                                  HABIBGANJ    RAILWAY STATION,   BHOPAL
                                  (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                            ( SHRI ANAND SONI, LEARNED ADDL.ADVOCATE GENERAL FOR THE
                            RESPONDENTS)
Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 2/15/2023
10:11:25 AM
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                                    This petition coming on for admission this day, JUSTICE SUSHRUT
                            ARVIND DHARMADHIKARI passed the following:
                                                                 ORDER

This petition under Article 227 of the Constitution of India has been filed assailing the order dated 5.11.2022 passed in Case No.06/2020-21 by the 1st Addl.District Judge, Narsinghgarh, District Rajgarh, which had refused to exercise jurisdiction over the application under Section 34 of the Arbitration and Conciliation Act, 1996 on the ground that arbitration proceedings took place at Bhopal before Commissioner, Bhopal under Section 3-G(5) of the National Highways Act, 1956, therefore, the District Court at Bhopal would have the

jurisdiction.

This fact gets fortified by the judgment of this Court in the case of M.P.Road Development Corporation Vs. Baisakhu @ Sadhu , AIR 2021 MP 125, where it has been held that since the Commissioner, Jabalpur was appointed as Arbitrator to determine the compensation in the arbitration proceedings, therefore, application filed under Section 34 of the Arbitration and Conciliation Act would be maintainable at Jabalpur and not at Mandla.

In view of the aforesaid pronunciation, learned Court below has not committed any error in refusing to exercise the jurisdiction over the application. Accordingly, this misc.petition is dismissed. However, the petitioner is at liberty to approach the appropriate Forum in accordance with law, if so advised.

                               (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                         JUDGE
                            patil

Signature Not Verified
Signed by: SHAILESH PATIL
Signing time: 2/15/2023
10:11:25 AM