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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE URMILA JOSHI-PHALKE
Chairman, Nagpur Improvement Trust, Station Road, Sadar, Nagpur – Appellant
Versus
State of Maharashtra, Through the District Collector, Civil Lines, Nagpur – Respondent
JUDGMENT :
(URMILA JOSHI-PHALKE, J.)
1. Heard learned counsel Shri Girish Kunte for the applicant; learned Additional Public Prosecutor Mrs.Ritu Sharma for non-applicant Nos.1, 3, and 5; learned counsel Shri A.M.Quazi for non-applicant No.2, Advocate Shri Rajkarne h/f learned counsel Shri P.R.Suchak for non-applicant Nos.6a, 6b and 7.
2. Rule.
3. By this civil revision application, the applicant has challenged the order dated 13.7.2022 passed below Exh.34 in RCS No.1129/2019 by learned 13th Joint Civil Judge Senior Division, Nagpur rejecting the application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint.
4. The relevant necessary facts for disposal of the revision application are as under:
5. The non-applicant Nos.6 to 8 are original plaintiffs who filed RCS No.1129/2019 for declaration and permanent injunction by disputing the acquisition proceedings. As per the plaintiffs, they are legal heirs of late Ganesh Padhye who was owner of field property at mouza Wathoda, admeasuring 22.69 acres bearing khasra Nos.167, 168/1, 168/2, 169/1, and 169/2. In the year 1955, the Madhya Pradesh Government published Notification No.5671-7379–M–MIII- clause (a) sub-se
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.
The main legal point established in the judgment is that the acquisition proceedings did not lapse under Section 24(2) of the 2013 Act, as the appellant was prevented from taking possession due to in....
A subsequent purchaser can challenge land acquisition proceedings if they demonstrate a legal grievance, particularly where compensation has not been paid and possession has not been taken under the ....
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