Bombay High Court
Vora Automotives Pvt. Ltd.
Versus
Gopalrao Namdeorao Pohre
Decided On:

Headnote:Section 9.

       See Maharashtra Municipalities Act, 1965, Sections 189, 304, 308.

       Sections 189, 304, 308-Civil Procedure Code 1908, Section 9-Ouster of civil courts jurisdiction-Injunction suit to restrain a person to construct building as per plan-Adequate remedy already provided under scheme of Act-Held, civil courts jurisdiction is ouster by necessary implication.

       Chapter XII of the Act of 1965 as regards building construction, no doubt creates a statutory obligation on the Municipal council to see enforcement and compliance of the provisions of the Act and bye-laws. The statutory obligation is for the public good. However every individuals wrong could not be enforceable. To redress the grievance in case of breach of statutory duty, the remedy as provided by the Act which creates a duty or obligation, can alone be availed. As a settled principle, Civil Court being a forum of general jurisdiction cannot be permitted to be approached. Under the scheme of Acts of 1965 and 1966, it is ordained to enforce the statutory duty in the manner specified therein as discussed above. Under the scheme of the Acts, there is thus ouster to the jurisdiction of the Civil Court by necessary implication. The suit is, therefore, untenable and liable to be dismissed.

       For Citation : AIR 1993 Bom 151 : 1992 Bom CJ 705: 1992 MCC 490