Civil Court lacks jurisdiction to adjudicate validity of proceedings under Section 4 of the Land Acquisition Act as per the established precedent.

JUDGMENT

The plaintiffs non-suited concurrently in a suit for declaration that Section 4 notice issued under the Land Acquisition Act , 1894 (for short “the Act, 1984”) is illegal for want of proper procedure being followed under the provisions of the Act has come with the present appeal.

2. Though extensive arguments were being raised by the learned counsel for the appellants, Sri.R.Ramadas, touching upon the validity of Exts.B4 and B5 notices and on the ground that the proper procedure prescribed under Section 4 of the Act, 1984 has not been followed, this Court finds that apex court in Jagannath H.N and Others v. State of Karnataka and Others [2018 (11) SCC 104] had examined the scope of jurisdiction of the Civil Court and specifically held that the Civil Court has no jurisdiction to adjudicate the validity of the proceedings under r/w Section 6 of the Act, 1984. The present suit is completely misconceived, that is liable to be dismissed.

3. The learned counsel for the appellants, Sri.R.Ramadas, however, tried to distinguish the judgment of the apex court by placing reliance on the Division Bench decision of this Court in Kerala State Housing Board v. Omana [2017 (1) KLT 954) to contend that the Civil Suit is maintainable, this Court is afraid that the decision may not help the appellants, inasmuch as the Division Bench has only held that the jurisdiction of the Civil Court is not barred in the dispute arising out of a right or liability under the general common law and not under the Act, 1984.

4. At any rate, this Court is bound by the principles laid down by the Apex Court since it is the law of Land, this Court is of the view that the point raised in this appeal is squarely covered against the appellants in the light of the decision of the Apex Court in Jagannath H.N (supra). Therefore, this Court finds that no substantial question of law arises for consideration in the present appeal.

Therefore, finding that the suit itself is not maintainable, the appeal fails and accordingly, the same is dismissed.

Sd/-