Arbitration – Section 34 Petition – Territorial jurisdiction & Section 42 AA
Section 34 petition was filed in the High Court of Delhi challenging the Award dated 16.10.2020 of the District Collector, Division Meerut, U.P.
The respondents raised objection to the territorial jurisdiction to entertain the said petition on the following grounds –
- the land of the petitioner was in Baghphat district
- the compensation was paid by the District Collector, Bhagpat
iii. the arbitral proceedings under Section 3G(7) of NHAI Act for enhancement of compensation took place in Baghpat and
- the impugned arbitral award was massed at Baghpat.
As against this, the petitioner invoked section 42 saying that earlier writ petition was filed in the High Court of Delhi in respect of acquisition proceedings and non-respect of compensation.
Judgment dated 4.4.2025 of the High Court of Delhi in O.M.P. (COMM) 86/2021 of Hariram and others Vs. National Highway Authority of India and others