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SUPREME COURT OF INDIA
Hrishikesh Roy, Manoj Misra, JJ.
Urban Improvement Trust, Bikaner - Appellant
Versus
Gordhan Dass (D) Through Lrs. & Others - Respondents
Civil Appeal No. 8411 of 2014
Decided On : 19-10-2023
Compulsory Land Acquisition - Rajasthan Urban Improvement Trust Act, 1959 - Section 52 - Land owners' suit for permanent injunction - Land acquired without serving notice to owners - If acquisition proceedings void - Civil Court jurisdiction - Maintainability of suit - Rajasthan Tenancy Act, 1955
Fact of the Case:
Plaintiff filed suit seeking injunction against defendant Trust from trespassing on land purchased by plaintiff, claiming land acquisition invalid for lack of notice. Trial Court partly allowed suit. First Appellate Court upheld acquisition notice invalid and decreed entire suit land for plaintiff. High Court dismissed Trust's second appeal.
Finding of the Court:
Justice Roy: Acquisition void for failing to serve mandatory notice to owners under Section 52 of 1959 Act. Suit maintainable in Civil Court. Justice Misra: Notice to recorded owners sufficient compliance. Acquisition valid. Suit not maintainable and barred under Tenancy Act. Matter referred to larger Bench.
Issues: 1. Validity of acquisition for lack of notice to owners. 2. Civil Court jurisdiction. 3. Maintainability of suit for injunction without declaration. 4. Applicability of Tenancy Act.
Ratio Decidendi: Strict compliance with mandatory acquisition procedure under 1959 Act is essential. Failure to serve notice on owners renders acquisition void. Suit is maintainable if statutory authority fails to follow provisions or judicial principles. Relief in suit beyond scope of Tenancy Act.
Final Decision: Appeal referred to larger Bench due to difference of opinion between Hon'ble Judges. Matter pending final decision.
The jurisdiction of civil courts in land acquisition cases is subject to specific statutory provisions and judicial interpretations. Generally, when a law provides a comprehensive and explicit framework for land acquisition, including mechanisms for compensation, notice, and dispute resolution, it often implies that civil courts' jurisdiction is limited or barred in matters covered by that framework. This is because such laws are intended to be a complete code for the acquisition process, and any challenge to the validity of the proceedings or the process itself is typically required to be made within the prescribed statutory or constitutional courts.
However, civil courts retain jurisdiction in certain circumstances, particularly when the statutory procedures have not been properly followed, or fundamental principles of judicial procedure have been violated. In such cases, the courts may entertain suits challenging the validity of the acquisition proceedings, especially if the challenge involves procedural irregularities, lack of notice, or violations of constitutional rights. This is reinforced by the principle that if an act is void due to non-compliance with mandatory procedural requirements, it can be challenged collaterally in civil courts.
Furthermore, the law recognizes that suits for reliefs such as injunctions or declarations may be maintainable in civil courts if the acquisition process is challenged on grounds that do not directly question the validity of the statutory proceedings but involve the protection of individual rights or interests. The scope of civil court jurisdiction also depends on whether the law explicitly ousts jurisdiction or whether the matter falls within the exclusive domain of specialized tribunals or administrative authorities.
In summary, civil courts generally have broad jurisdiction over civil disputes but are often restricted or barred from interfering in land acquisition proceedings where the law provides a complete and exclusive machinery for such disputes. Nonetheless, they remain a forum for challenging procedural violations, violations of constitutional rights, or other irregularities that render the acquisition act or proceedings invalid. The determination of whether civil courts have jurisdiction in a specific case hinges on the nature of the dispute, the compliance with statutory procedures, and whether the law explicitly excludes civil court jurisdiction.
JUDGMENT :
MANOJ MISRA, J.
1. I had the benefit of reading the scholarly judgment of my learned Brother, Hrishikesh Roy, J., dismissing this appeal filed against the judgment and order of the High Court1[High Court of Judicature for Rajasthan at Jodhpur] dated 12.01.2010 passed in S.B. Civil Regular Second Appeal No. 114 of 2004. However, since I’m of the opinion that plaintiff’s suit was not maintainable in respect of the land which was acquired by a notification, the defendant’s appeal is entitled to be allowed. Therefore, I’m recording my opinion separately.
Appeal
2. This is a defendant’s appeal against the order of the High Court dismissing his second appeal preferred against the judgment and decree of reversal passed by the first appellate Court2[District Judge, Bikaner] The first appellate Court had not only set aside the decree of the Trial Court3[Additional Civil Judge (Sr. Division/Additional Chief Judicial Magistrate No.1, Bikaner] to the extent it denied complete relief as sought in the suit,4[Original Suit No.29 of 1997] but decreed the suit of the first respondent in its entirety.
3. To have a clear understanding of the issues that arise for consideration in this appeal, it would be apposite to advert to the pleadings in the suit out of which the appeal arises.
Suit
4. Gordhan Dass5[Predecessor-in-interest of respondent nos.1/1 to 1/3] instituted the suit on 23.4.1997 against Urban Improvement Trust, Bikaner6[The Trust (Appellant)], Narayan Das (Respondent no.2), Kanhaiya Lal (Respondent no.3) and Ganesh Ram (Respondent no. 4) seeking permanent prohibitory injunction to restrain the Trust from entering or acquiring the land in dispute7[Khasra Nos. 211/81 and 239/83-New No. 294/83, measuring 3 bighas, adjoining Bikaner Sagar Road] without adopting due process of law.
Plaint Case
5. The plaint case was that, -- (a) the land in dispute admeasuring 3 bighas was jointly purchased by the plaintiff and defendant nos.2 to 48[Respondent Nos.2 to 4] vide two separate sale-deeds dated 02.03.1970 and 16.03.1970; (b) out of the total area of the disputed land, 1 bigha, comprising a portion of plot no.294/83, was converted to non-agricultural use for setting up a Petrol Pump and, for that purpose, the District Collector issued NOC9[No Objection Certificate] on 23.07.1971; (c) the Trust had not acquired the land by any lawful manner, yet, it started showing itself as owner in possession of the disputed land, as a result, when, on 23.4.1997, the Trust threatened to acquire the land, the suit had to be instituted. Additionally, it was pleaded that neither the provisions of the 1894 Act10[The Land Acquisition Act, 1894] nor of the 1959 Act11[The Rajasthan Urban Improvement Trust Act, 1959] were followed to acquire the land as neither opportunity of hearing nor compensation was provided to either the plaintiff or defendant nos. 2 to 4.
Appellant’s case in the Written Statement
6. The appellant12[Defendant No.1 in the suit] in its written statement rebutted the plaint case and pleaded that, -- the land pertaining to Khasra no.239/83 stood in the name of Bhanwari Devi, which had already been acquired whereas, the land bearing Khasra no.211/81 is out of Jainarain Vikas Colony Scheme; the land in dispute has been duly acquired and compensation paid to the Khatedars13[Person whose name is recorded as tenure holder in the record of rights]; the suit of the plaintiff is not maintainable; the land in dispute being agricultural, the Civil Court has no jurisdiction; and the plaintiff has not come to the court with clean hands as the disputed land had already been acquired and compensation paid to the recorded Khatedars.
Amended Pleadings
7. During the suit proceeding, comprehensive amendments in the plaint were sought and allowed, resulting in filing of an amended plaint on 11.11.2002. Therein it was stated that though, pursuant to the order of the High Court dated 26.02.1998 in S.B. Civil Writ Petition No.2243/95 (Bhanwarlal vs. State of Rajasthan), the
Civil suits challenging land acquisition are not maintainable as the Land Acquisition Act provides a complete code, and such suits are barred by limitation.
Civil courts lack jurisdiction to question land acquisition validity; only High Court and Supreme Court can entertain such pleas.
Civil Courts lack jurisdiction over disputes involving land already acquired and possessed under the Land Acquisition Act; such issues must follow statutory remedies.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
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