Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | civil court jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908- s. 9 - Jurisdiction of civil court - To adjudicate on the dispute contemplated under Land Acquisition Act - Land acquired by Development Authority - Subsequently purchased from the original owner - Suit by the purchaser for permanent injunction against the Authority - Trial Court held that suit was not maintainable - High Court remanding the matter to trial court to adjudicate the suit on merits - On appeal, held: Civil court is devoid of jurisdiction to give declaration or grant injunction on the invalidity of the procedure contemplated under Land Acquisition Act - The acquisition proceedings having been completed before the land was purchased, the purchaser had no right to maintain the suit against the Authority- High Court erred in remitting the matter, when the suit was not maintainable - Land Acquisition Act, 1894.Certain land including the land in dispute was acquired by appellant-Development Authority in 1960-70. The respondent No. 1 purchased the land in dispute from its original owner in 1995. He filed civil suit against the appellant-Authority for permanent injunction. The suit was dismissed as not maintainable. First appeal was allowed by High Court and the matter was remitted to the trial court with a direction to dispose of the same on merits.In appeal to this Court, the questions for consideration were whether civil court had jurisdiction to entertain a suit when the Schedule lands were acquired under Land Acquisition proceedings and whether the High Court was justified in remanding the matter to the trial court without examining the question with regard to maintainability of the suit? |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 86 |
Petitioner | The Commissioner, Bangalore Development Authority & Anr. |
Respondent | Brijesh Reddy & Anr. |
SCR | [2013] 1 S.C.R. 853 |
Judgement Date | 2013-02-08 |
Case Number | 1051 |
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