NDLI: Urban Improvement Trust, Bikaner Vs. Gordhan Dass (d) Through Lrs. & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rajasthan Urban Improvement Act 1959
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Issue for consideration:Whether land acquisition proceedings can be declared null andvoid for failure to give notice u/s.52(2) of the Rajasthan UrbanImprovement Act, 1959 to the owners who had purchased theland two years earlier through registered sale deeds, before theinitiation of the land acquisition proceedings, even though thename of original khatedaar was reflected in the Revenue records;whether the civil court has jurisdiction to grant injunction as s. 207of the Rajasthan Tenancy Act, 1955 bars jurisdiction of civil courtin respect of agricultural land; and whether the suit for injunctionwas maintainable without seeking declaration in a civil court.Rajasthan Urban Improvement Act, 1959 – s. 52 – RajasthanTenancy Act, 1955 – s. 207 – Compulsory acquisition of land– Requirement of service of notice upon the owners prior tonotification – Jurisdiction of civil court in respect of the saidland – On facts, the respondents purchased the land throughregistered sale deeds, though in the Revenue records, thename of original khatedaar-tenure holders was reflected –Two years later, initiation of the land acquisition proceedingswherein notices duly issued to the tenure holders and werepaid compensation – Suit instituted against the appellant-Trust seeking permanent prohibitory injunction to restrainthe Trust from entering or acquiring the land without adoptingdue process of law – Matter reached the High Court wherein itwas held that the acquisition notification was issued withoutnotice to the land owners, thus was null and void; and thatthe suit filed for injunction was maintainable – Issue arisingas regards whether the land acquisition proceedings couldbe declared null and void for failure to give notice u/s.52(2)to the landowners who had purchased the land throughregistered sale deeds, two years before the initiation of theland acquisition proceedings; whether the civil court hasjurisdiction to grant injunction; and whether the suit forinjunction was maintainable without seeking declaration ina civil court:Held: Per Hrishikesh Roy, J: Upholding the judgment of the HighCourt, it was held that the land acquisition proceedings is held tobe void ab initio for not following the procedure of serving notice;that having regard to the limited relief that can be obtained froma revenue court under Tenancy Act, 1955, to deny the land losersaccess to civil court would aggravate the injustice, thus, civil courthas jurisdiction to grant injunction; and that the suit for injunctioncan be filed without seeking declaration in a civil court [Paras 10,21, 38, 39 and 41]Per Manoj Misra, J: Setting aside the judgment of the High Courtit was held that if the landowners did not get their names mutatedin the record of rights, how would the State come to know oftheir ownership, thus, mere non-service of notice, u/s. 52(2) ofthe 1959 Act, upon non-recorded owners, would not render theacquisition notification void; that suit before the civil court wasbarred by s.207 of the 1955 Act; and that the suit as framed wasnot maintainable, not only for not seeking a declaratory relief butalso for not impleading the State as a party – In view of differenceof opinion, matter to be placed before Hon’ble the Chief Justiceof India for referring the matter to a larger Bench – Reference tolarger Bench – Land acquisition. [Paras 51 and 64]
Judge	Hon'ble Mr. Justice Hrishikesh Roy Hon'ble Mr. Justice Manoj Misra
Neutral Citation	2023 INSC 935
Petitioner	Urban Improvement Trust, Bikaner
Respondent	Gordhan Dass (d) Through Lrs. & Others
SCR	[2023] 14 S.C.R. 520
Judgement Date	2023-10-19
Case Number	8411

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Urban Improvement Trust, Bikaner Vs. Gordhan Dass (d) Through Lrs. & Others

Urban Improvement Trust, Bikaner Vs. Gordhan Dass (d) Through Lrs. & Others

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