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1995 Supreme(SC) 610

SUPREME COURT OF INDIA
K. RAMASWAMY AND B.L. HANSARIA, JJ.
State of Bihar, Appellant
Versus
Dhirendra Kumar and others, Respondents.
Civil Appeal No. 5753 of 1995
Decided on 27-4-1995.

Advocates:
PRAMOD SVARUP, S.K.Sinha

Headnote:

Civil Procedure Code,1908 - Order 39 - Rule 1 - Land Acquisition Act, 1894 - Section, 4(1) - Construction of houses - Court has no jurisdiction - Appear that several encroachments have been made in land and unauthorized constructions appear to have been made - Steps were taken by Housing Board to have encroachers ejected from those lands - As sequel thereof it would appear that respondent laid Title Suit in Court of Subordinate Judge at Patna and filed an interlocutory application for ad interim injunction - Subordinate Judge in his order found prima facie case with tribal issue - Accordingly injunction was issued restraining appellants from dispossessing respondent till disposal of suit without causing any disturbance to plaintiffs possession and enjoyment of suit or demolition of any structure standing thereon - On appeal it was modified by High Court holding that status quo as on October shall be maintained - Thus these appeals by special leave – Held, State is enjoined to comply with statutory requirements contained in Act by proper publication and declaration within limitation and procedural steps of publication within limitation and procedural steps of publication in papers and local publications envisaged Acts as amended - In publication of notifications and declaration Act by proper publication of notification and declaration within limitation and procedural steps of publication in papers and local publications envisaged Act as amended - In publication of notifications and declaration public purpose gets crystallized and becomes conclusive - Thereafter State is entitled to authorize Land Acquisition Officer to proceed with acquisition Officer to proceed with acquisition of land and to make award - Section now prescribes limitation to make award within years of date publication envisaged - In an appropriate case where Gove - Needs possession of land urgently it would exercise power of Act and dispense with enquiry – Thereon State is entitled to issue notice to parties on expiry of days State is entitled to take immediate possession even before award could be made - Otherwise it would take possession after award - Thus it could be seen that Act is complete code in itself and is meant to serve public purpose - Court are therefore inclined to thinks presently advised that by necessary implication power of civil Court to take cognizance of case - Stands excluded and civil Court has no jurisdiction to go into question of validity or legality notification declaration under S -except by High Court in proceeding Constitution – So civil suit itself was not maintainable - When such is situation finding of trial Court that there is prima facie tribal issue is unsustainable - Moreover possession was already taken and handed over to Housing Board – So order injunction was without jurisdiction - Appeal allowed

JUDGMENT

 Leave granted.

2. This appeal by special leave arises from the judgment and order dated 7th February, 1986 passed by the Patna High Court at Patna in Miscellaneous Appeal No. 16 of 1986. A notification under S.4(1) of the Land Acquisition Act, 1894, 1/94 (for short, the Act) was published on February 13, 1957 acquiring the disputed land along with other lands for public purpose, namely construction of the houses by the Housing Board, known as the Peoples Co-operative House Construction Society Ltd., Patna. The declaration under S.6 was published on March 27, 1957. The possession of the and was taken on March 22, 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 appear 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. 329/85 in the Court of the Subordinate Judge-I at Patna and filed an interlocutory application under Order 39, Rule 1 of C.P.C for ad interim injunction. The Subordinate Judge in his order dated 18th October, 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 plaintiffs possession and enjoyment of the suit or demolition of any structure standing thereon. On appeal, it was modified by the High Court, holding that the status quo as on October 18, shall be maintained. Thus these appeals by special leave.

2A. The question is whether a civil suit is maintainable and whether interim injuction could be issued where proceedings under the Land Acquisition Act was taken pursuant to the notice issued under S.9 of the Act and delivered to the beneficiary. The provisions of the Act 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 S.4 and S.6 of the Act by proper publication and declaration within limitation and procedural steps of publication within limitation and procedural steps of publication in papers and the local publications envisaged under the Acts as amended by Act 68 of 1984. In publication of the notifications and declaration under S.6, of the Act by proper publication of notification and declaration within limitation and procedural steps of publication in papers and the local publications envisaged under the Act as amended be Act 68 of 1984. In publication of the notifications and declaration under S.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 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 of date of publication envisaged under S.6 of the Act. In an appropriate case, where the Govt. needs possession of the land urgently, it would exercise the power under S.1794) of the Act and dispense with the enquiry under S.5-A. Thereon, the State is entitled to issue notice to the parties under S.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 S.12. Thus, it could be seen that the Act is a 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 S.9 of C.P.C. stands excluded, and a civil Court has no jurisdiction to go into the question of the validity or legality of the notification under S.4, and declaration under S.6, except by the High Court in a proceeding under Articl




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