Madhya Pradesh High Court
Dilip Buildcom Ltd. vs Ghanshyam Das Dwivedi on 25 February, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 CR-852-2019
The High Court Of Madhya Pradesh
CR-852-2019
(DILIP BUILDCOM LTD. Vs GHANSHYAM DAS DWIVEDI)
7
Jabalpur, Dated : 25-02-2021
Shri Shreyas Dubey, counsel for the applicant.
Shri Anoop Kumar Saxena, learned counsel for respondent.
Heard on the question of admission.
Admit.
Considering the averments made therein, I.A.No. 1545/2021 is allowed.
Heard on I.A.No. 15219/2019, an application for stay. This civil revision has been filed by the respondent being aggrieved by the order dated 30.10.2019 passed by the 3rd Civil Judge, Class-I, Chhatarpur. As per the averments in the application, provisions of Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, bars the jurisdiction of civil courts to entertain any dispute regarding land acquisition in respect of which the Collector or the Authority is empowered under this Act. Therefore, the Civil Suit No. 57A/2019 filed by the respondent deserves to be dismissed.
Applicant is a company engaged by the Government Agencies under contract for projects such as construction of roads, bridges, canals, etc. The applicant received a contract for construction of road in village Bajna, Tehsil Bijawar. Applicant has submitted that the junction of the complete stretch of road could not be constructed on account of interim order dated 11.03.2017 passed by the learned Court below. The Sub Divisional Officer, Bijawar vide order dated 12.12.2017 passed an award in respect of payment of compensation for acquisition of the suit land, pursuant to which the suit land was mutated in favour of the MP Road Development Corporation and also entered in the revenue records.
Learned counsel for the respondent opposed the above contentions and submitted that the suit property was not acquired by the MPRDC, hence, 2 CR-852-2019 he filed a suit against the applicant. Thus, under Order 7 Rule 11 of the CPC, the learned Court below rightly rejected the prayer of the applicant for dismissal of the suit.
Heard learned counsel for the parties at length. Perused the record. As per the award dated 12.12.2017 (Annexure A/11), it is appears that the suit property was acquired under notification dated 04.08.2017. An order dated 24.08.2017 has been passed for acquisition of the suit property. As per Annexure A/11 (page 94) the respondent raised an objection and therefore, an amount of Rs. 11,61,945 was awarded as compensation in favour of the respondent. Annexure A/12 khasra entries of the year 2017- 2018 and map at page 113 indicate that the suit property was mutated in the name of MPRDC Ltd. pursuant to order dated 12.12.2017 passed by the SDM, Bijawar in Revenue Case No. 02/A-82/2016-17. Further, it is pertinent to note that vide order dated 10.01.2017, Tehsildar granted permission to start construction over the suit land.
Regard being had to the submissions made by learned counsel for the parties and in view of the aforesaid facts and circumstances of the case, I.A.No.15219/2019 is hereby allowed and it is directed that further proceedings in Civil Suit No. 57-A/2019 pending before the Third Civil Judge, Class-I, Chhatarpur, District Chhatarpur shall remain stayed.
List for hearing in due course.
Certified copy as per rules.
(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2021.02.26 16:24:12 +05'30'