State Of Bihar
v.
Dhirendra Kumar And Others
(Supreme Court Of India)
Civil Appeal No. 5753 Of 1995 | 27-04-1995
1. Leave granted.
2. This appeal by special leave arises from the judgment and order dated 7-2-1986 passed by the Patna High Court at Patna in Miscellaneous Appeal No. 16 of 1986. A notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short ' the') was published on 13-2-1957 acquiring the disputed land along with other lands for public purpose, namely construction of the houses by the Housing Board, known as the People's Cooperative House Construction Society Ltd., Patna. The declaration under Section 6, was published on 27-3-1957. The possession of the land was taken on 22-3-1957 and the same was given to the Housing Board on the same day. It would appear that several encroachments have been made in the land and unauthorised constructions appears to have been made. Steps were taken by the Housing Board to have the encroachers ejected from those lands. As sequel thereof, it would appear that the respondent laid Title Suit No. 329 of 1985 in the Court of the Subordinate Judge I at Patna and filed an interlocutory application under Order 39, Rule 1 of CPC for ad interim injunction. The Subordinate Judge in his order dated 18-10-1985 found prima facie case with triable issue. Accordingly, injunction was issued, restraining the appellants from dispossessing the respondent till the disposal of the suit without causing any disturbance to the plaintiff's possession and enjoyment of the suit land or demolition of any structure standing thereon. On appeal, it was modified by the High Court, holding that the status quo as on 18-10-1985 shall be maintained. Thus, these appeals by special leave.
3. The question is whether a civil suit is maintainable and whether ad interim injunction could be issued where proceedings under the Land Acquisition Act was taken pursuant to the notice issued under Section 9 of theand delivered to the beneficiary. The provisions of the are designed to acquire the land by the State exercising the power of eminent domain to serve the public purpose. The State is enjoined to comply with statutory requirements contained in Section 4 and Section 6 of theby proper publication of notification and declaration within limitation and procedural steps of publication in papers and the local publications envisaged under the as amended by Act 68 of 1984. In publication of the notifications and declaration under Section 6, the public purpose gets crystallised and becomes conclusive. Thereafter, the State is entitled to authorise the Land Acquisition Officer to proceed with the acquisition of the land and to make the award. Section 11- A now prescribes limitation to make the award within 2 years from the last date of publication envisaged under Section 6 of the. In an appropriate case, where the Government needs possession of the land urgently, it would exercise the power under Section 17(4) of thean dispense with the enquiry under Section 5- A. Thereon, the State is entitled to issue notice to the parties under Section 9 and on expiry of 15 days, the State is entitled to take immediate possession even before the award could be made. Otherwise, it would take possession after the award under Section 12. Thus, it could be seen that the is complete code in itself and is meant to serve public purpose. We are, therefore, inclined to think, as presently advised, that by necessary implication the power of the civil court to take cognizance of the case under Section 9 of CPC stands excluded, and a civil court has no jurisdiction to go into the question of the validity or legality of the notification under Section 4 and declaration under Section 6, except by the High Court in a proceeding under Article 226 of the Constitution. So, the civil suit itself was not maintainable. When such is the situation, the finding of the trial court that there is a prima facie triable issue is unsustainable. Moreover, possession was already taken and handed over to the Housing Board. So, the order of injunction was without jurisdiction4. The injunction granted by the trial court and confirmed by the High Court are thus illegal. The appeal is, accordingly, allowed and the orders of the courts below are set aside, but, under the circumstances, without costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE B. L. HANSARIA
HON'BLE JUSTICE K. RAMASWAMY
Eq Citation
[1995] 3 SCR 857
1995 (2) MHLJ 340 (SC)
(1995) 4 SCC 229
AIR 1995 SC 1955
1996 GLH (1) 615
1995 3 RRR 539
1995 MPLJ 751 (SC)
1995 (3) ALT 9 (SC)
1995 (2) UJ 389
1995 (3) SCALE 700
LQ/SC/1995/585
HeadNote
Land Acquisition and Requisition - Civil court's jurisdiction to issue injunction - Held, by necessary implication power of civil court to take cognizance of case under S. 9, CPC stands excluded and civil court has no jurisdiction to go into question of validity or legality of notification under S. 4 and declaration under S. 6, except by High Court in proceeding under Art. 226 of Constitution - So, civil suit itself was not maintainable - When such is situation, finding of trial court that there is a prima facie triable issue is unsustainable - Moreover, possession was already taken and handed over to Housing Board - So, order of injunction was without jurisdiction - Civil Procedure Code, 1908, S. 9