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2023 Supreme(SC) 1069

HRISHIKESH ROY, MANOJ MISRA
Urban Improvement Trust, Bikaner – Appellant
Versus
Gordhan Dass (D) Through Lrs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rajeev Singh, AOR
For the Respondent(s): Mr. Rishi Matoliya, AOR

Judgement Key Points

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, i


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