Madhya Pradesh High Court

Avtar Singh vs The State Of Madhya Pradesh on 18 January, 2023

Author: Vivek Rusia

1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 18 th OF JANUARY, 2023
ARBITRATION APPEAL No. 119 of 2022

BETWEEN:-
AVTAR SINGH S/O KUNDAN SINGH, AGED ABOUT 52
YEARS, OCCUPATION: BUSINESS GRAM SIYA, DISTRICT
DEWAS. BHUMISWAMI- BILAWALI, TEHSIL AND
DISTRICT DEWAS (MADHYA PRADESH)

.....APPELLANT
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE
APPELLANT)

AND
1. THE STATE OF MADHYA PRADESH
COLLECTOR,COLLECTOR KAARYALAY- M.G.
ROAD, DEWAS (MADHYA PRADESH)

2. SAKSHAM BHU AHDIKARI DEWAS
ANUVIBHAGIYA ADHIKARI KARALAYA, M.G.
ROAD DEWAS (MADHYA PRADESH)

3. KENDRIYA SARKAR BHRTIYA RASHTRIYA
RAJMARG PRADHIKARAN THROUGH PARIYOJNA
N I D ES H A K PARIYOJNA KARAYANVAN IKAI,
GUNA AT PRESENT 14 SAMPAT HILLS INDORE
DEWAS BYPASS BICHOLI MARDANA INDORE
(MADHYA PRADESH)

4. ARBITRATOR (MADYASTHAM) BHARTIYA
RASHTRIYA RAJMARG ABHIKARAN AYUKT
(RAJASV) UJJAIN SAMBHAG KOTHI PALACE
UJJAIN (MADHYA PRADESH)

.....RESPONDENTS
(SHRI MUKESH KUMAWAT, LEARNED GOVERNMENT ADVOCATE FOR
THE RESPONDENT/STATE)

(MS. ANITA SHARMA, LEARNED COUNSEL FOR THE RESPONDENT NO.3)

Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 21-01-2023
11:49:09
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ARBITRATION APPEAL No. 118 of 2022

BETWEEN:-
1. DECEASED HIMMAT SINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. JAWAHAR S/O
LATE SHRI HIMMAT SINGH GRAM BILAVALI,
TEH. AND DISTT. DEWAS (MADHYA PRADESH)

2. DECEASED HIMMAT SINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. SUBHASHSINGH
S/O LATE SHRI HIMMAT SINGH R/O GRAM
BILAWALI DISTT. DEWAS (MADHYA PRADESH)

3. DECEASED HIMMAT SINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. PREETAMSINGH
S/O LATE SHRI PARVATSINGH R/O GRAM
BILAWALI DISTT. DEWAS (MADHYA PRADESH)

4. (DECEASED) NARENDRASINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. NIRMALABAI W/O
LATE NARENDRASINGH R/O GRAM BILAWALI
DISTT. DEWAS (MADHYA PRADESH)

5. (DECEASED) NARENDRASINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. JEEVANSINGH S/O
LATE SHRI PARVATSINGH R/O GRAM BILAWALI
DISTT. DEWAS (MADHYA PRADESH)

6. (DECEASED) NARENDRASINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. RAVINDRASINGH
W/O LATE SHRI PARVATSINGH R/O GRAM
BILAWALI DISTT. DEWAS (MADHYA PRADESH)

7. (DECEASED) NARENDRASINGH S/O LATE SHRI
PARVATSINGH THROUGH LRS. GANGABAI W/O
LATE SHRI PARVATSINGH R/O GRAM BILAWALI
DISTT. DEWAS (MADHYA PRADESH)

.....APPELLANTS
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE
APPELLANTS)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR COLLECTOR KARYALAY, M.G.
ROAD, DEWAS (MADHYA PRADESH)

2. SAKSHAM BHU ARJAN ADHIKARI
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 21-01-2023
11:49:09
3
ANUVIBHAGIYA ADHIKARI M.G. ROAD DEWAS
(MADHYA PRADESH)

3. KENDRIYA SARKAR BHARTIYA RASHTRIYA
RAJMARG PRADHIKARAN THROUGH PARIYOJNA
N I D ES H A K PARIYOJNA KARAYANVAN IKAI,
GUNA, AT PRESENT 14 SAMPAT HILLS INDORE
DEWAS BYPASS BICHOLI MARDANA INDORE
(MADHYA PRADESH)

4. ARBITRATOR (MADHYASTHAM) BHARTIYA
RASHTRIYA RAJMARG ABHIKARAN THROUGH
AYUKT MAHODHYA (RAJASV) UJJAIN SAMBHAG
UJJAIN KOTHI PALACE UJJAIN (MADHYA
PRADESH)

.....RESPONDENTS
(SHRI MUKESH KUMAWAT, LEARNED GOVERNMENT ADVOCATE FOR
THE RESPONDENT/STATE)

(MS. ANITA SHARMA, LEARNED COUNSEL FOR THE RESPONDENT NO.3)

ARBITRATION APPEAL No. 120 of 2022

BETWEEN:-
SMT. VIJYA W/O SHERSINGH CHAUHAN, AGED ABOUT
56 YEARS, OCCUPATION: HOUSE HOLD MAHAVEER
NAGAR, DEWAS (MADHYA PRADESH)

.....APPELLANT
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE
APPELLANT) .

AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR MAHODAY COLLECTOR KARYALAY,
M.G. ROAD, DEWAS (MADHYA PRADESH)

2. SAKSHAM BHU ARJAN ADHIKARI
ANUVIBHAGIYA ADHIKARI KARALAYA, M.G.
ROAD DEWAS (MADHYA PRADESH)

3. KENDRIYA SARKAR BHARTIYA RASHTRIYA
RAJMARG PRADHIKARAN DWARA PARIYOJNA
N I D ES H A K PARIYOJNA KARAYANVAN IKAI,
GUNA AT PRESENT 14 SAMPAT HILLS INDORE
DEWAS BYPASS BICHOLI MARDANA INDORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 21-01-2023
11:49:09
4
4. ARBITRATOR (MADHASTHAM) BHARTIYA
RASHTRIYA RAJMARG AB H I K AR N A AYUKT
MAHODAYA (RAJASV) UJJAIN SAMBHAG UJJAIN
KOTHI PALACE UJJAIN (MADHYA PRADESH)

.....RESPONDENTS
( SHRI MUKESH KUMAWAT, LEARNED GOVERNMENT ADVOCATE FOR
THE RESPONDENT/STATE)

(MS. ANITA SHARMA, LEARNED COUNSEL FOR THE RESPONDENT NO.3)

This appeal coming on for admission this day, th e court passed the
following:
ORDER

The appellants have filed this appeal against the order dated 07.09.2022 whereby the IInd District Judge, Dewas has dismissed the application filed under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') as not maintainable.

T h e land of these appellants were acquired by National Highway Authority for widening of National Highway No.3 (AB Road) (Shivpuri Dewas). Notification under Section 3(A) of the Act was issued and Sub Divisional Officer (Revenue), Dewas was appointed as competent authority. Thereafter notification under Section 3(a)(1) of the Act was issued on 21.04.2012. The Land Owners submitted their objections and thereafter the Sub Divisional Officer passed an award dated 21.07.2014. Being aggrieved by the aforesaid award the appellants filed an application under Section 3(G)(5) of the National Highway Act, 1956 before the Commissioner/Arbitrator, Ujjain for enhancement of compensation. The learned Arbitrator, Ujjain vide order dated 24.09.2018 remanded the matter back to the Sub Divisional Officer for passing a fresh award. After remand the Sub Divisional Officer passed an award dated 09.07.2019 by enhancing the amount of compensation.

Signature Not Verified Signed by: REENA JOSEPH Signing time: 21-01-2023 11:49:09

Being dissatisfied by the aforesaid award again the National Highway Authority of India preferred an application under Section 3(G)(5) of the National Highway Act, 1956 before the Arbitrator, Ujjain. The appellants/land owners also submitted a counter claim in it. Vide order dated 24.09.2020 again the learned Arbitrator, Ujjain has remanded the case back to the Sub Divisional Officer.

Being aggrieved by the aforesaid remand order an application under Section 34 of the Act read with Section 3(G)(5) of National Highway Act, 1956 was filed before the IInd Additional District Judge, Dewas. Vide order dated 07.09.2022, the learned IInd District Judge, Dewas has found that the Arbitrator has wrongly remanded the matter, but dismissed the appeal as not maintainable as order of remand does not come under the category of an award. Being aggrieved by the aforesaid order, initially the appellants preferred a miscellaneous petition under Article 227 of the Constitution of India. Thereafter, an objection was raised by the respondents and an application seeking registration of this case as an Arbitration Appeal was filed which was allowed and hence, the appeal before this Court.

Learned counsel appearing for the appellants submits that once the learned District Judge has held that the Arbitrator has no power to remand the proceedings before the Sub Divisional Officer, then instead of dismissing the application, matter ought to have been remanded to the Sub Divisional Officer for fresh adjudication as held by this Court in the case of Rakesh and others Vs. Competent Authority, Land Acquisition Officer and others vide order dated 03.01.2022 in W.P.No.22816/2021.

Ms. Anita Sharma, learned counsel appearing for the National Highway

Signature Not Verified Authority submits that the present Arbitration Appeal is not maintainable, as the Signed by: REENA JOSEPH Signing time: 21-01-2023 11:49:09

order of remand does not come under the category of award. Therefore, the learned District Judge has rightly dismissed the application under Section 34 of the Act. In support of her contention she has placed reliance on the judgments of Bombay High Court in the cases of Aero Club Vs. Solar Creations Pvt Ltd. Arbitration Appeal 63/2020 dated 20.03.2020 and Harinarayan G. Bajaj Vs. Sharedeal Financial Consultants AIR 2003 Bom.296.

Initially the appellant filed writ petition under Article 227 of the Constitution of India against the impugned order passed by the learned Additional District Judge. An objection was raised and thereafter the petition has been converted into Arbitration Appeal. Therefore, keeping the question of maintainability open, this appeal is disposed off by setting aside the order dated 07.09.2022 and order passed by the Arbitrator/Commissioner, Ujjain dated 24.09.2020 and the matter is remanded back to the Arbitrator/Collector, Dewas to decide the application filed by the National Highway Authority of India under Section 3(G)(5) of National Highway Act, 1956 and counter claim submitted by

the appellants/land owners. The issue of maintainability shall be decided in appropriate proceedings.

With the aforesaid, the Arbitration Appeals stand disposed off.

(VIVEK RUSIA) JUDGE RJ

Signature Not Verified Signed by: REENA JOSEPH Signing time: 21-01-2023 11:49:09