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2023 Supreme(Online)(MP) 211

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
Dilip Buildcom Ltd. – Appellant
Versus
Ghanshyam Das Dwivedi – Respondent


Advocates:
Shreyas Dubey,

ORDER

This civil revision has been preferred by the defendant challenging the order dated 30/10/2019 passed by 3rd Civil Judge Class-I, Chhatarpur in Civil Suit No.57-A/2019, whereby learned trial Court has dismissed the defendant’s application under Order 7 Rule 11 CPC filed for rejection of the plaint, on the ground that in view of Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘LARR Act, 2013’), the Civil Court has no jurisdiction in relation to the proceedings of land acquisition.

2. Learned counsel for the applicant submits that the land/property in question bearing in Survey No.594/4/E area 0.01 hectare owned and possessed by the respondent-Ghanshyam has already been acquired vide final award dated 12/12/2017 and this fact is in the knowledge of the applicant but till now, the plaintiff/respondent has not challenged the award merely because of issuance of temporary injunction in the pending suit by learned trial Court in respect of the same property, which is coming in the way of raising construction of a bridge.

He submits that in the light of Section 63 of the LARR Act, 2013, the Civil Cour

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