JUDGMENT :

J.J. Munir, J.

1. This petition under Article 227 of the Constitution is directed against an order of the Presiding Officer, Commercial Court, Jhansi dated 28.09.2021, to the extent it directs return of Arbitration Misc. Case No. 52 of 2021 and Arbitration Misc. Case No. 2 of 2021, under Section 34 of the Arbitration and Conciliation Act, 1996, for presentation to the proper Court.

2. It is common ground between parties that the petitioners’ land comprised in a part of Arazi No. 73 of Village Raimalpura, Tehsil Kulpahar, District Mahoba, was acquired by the Central Government for widening of National Highway No. 76 from 89.600 kms. to 133.520 kms. The petitioners’ land in Arazi No. 73 aforesaid, which shall hereinafter be called ‘the land in question’ was acquired through a Notification No. 2345 dated 18.08.2017, issued and published by the Central Government under Section 3(2) of the National Highways Act, 1956 (for short, ‘the Act of 1956’). The notification last mentioned was followed by Notification No. 3378 dated 08.12.2017, published in the Gazette Extraordinary dated 08.12.2017 of the Government of India. Under the said notifications, a total 0.7507 hectare of lan