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SC Held That Those Civil Suit Which Are In Relation To Land Which Is Subject To Ceiling Proceedings Under Urban Land Ceiling Act Will Not Be Maintainable

Team SoOLEGAL 27 Feb 2019 3:58pm

SC Held That Those Civil Suit Which Are In Relation To Land Which Is Subject To Ceiling Proceedings Under Urban Land Ceiling Act Will Not Be Maintainable

It has been recently held by the Supreme Court of India that a Civil Court does not have any jurisdiction to entertain any civil suit in relation to the land which is subject to ceiling proceedings under Urban Land Ceiling Act. The 2 judge bench including Justice Abhay Manohar Sapre and Justice Indu Malhotra observed that Civil Court can only exercise its jurisdiction to declare the proceedings held under the Act, as void or illegal, since it was impliedly excluded and barred under the Act.

After setting aside the judgement of Calcutta High Court, the bench held that that the Civil Court has the jurisdiction to try the civil suit in relation to the suit property which was subjected to ceiling proceedings under the Act.


It was observed by the bench after scanning through the provisions of the act: "First, the Act is a self contained code in itself, which provides complete machinery while dealing with the rights of the landowners in relation to their lands, which are in excess of the ceiling limits prescribed under the Act. It also provides adequate remedies to correct all kinds of errors committed by the competent authority under the Act; and Second, the Act gives finality to the orders passed by the appellate authority under Section 33, and also provides a bar to file the civil suits in relation to cases falling under Section 30 (5) and Section 40 of the Act."

The court took the example of Constitution bench judgment given in the case of Dhula Bai vs. State of MP which held thus: Where the statute gives a finality to the orders of the special tribunals the civil courts' jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit. But the provisions like these also include those cases where particular acts’ provisions have not been followed properly or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.

It was observed by the bench after applying this principle to the present case, that the jurisdiction of the Civil Courts to try the civil Suits with respect to the lands, which were subjected to ceiling proceedings under the Act, is impliedly barred, since the Act excludes the jurisdiction of the Civil Court. The court added: "First, the Act in question gives finality to the orders passed by the appellate authority [refer to Section 33(3)]. Second, the Act provides adequate remedies in the nature of appeals, such as first appeal to the Tribunal and second appeal to the High Court. [refer to Sections 12 (4), 13 and 33 (1)]. Third, the Act is a complete code in itself and gives overriding powers on other laws (refer to Section 42). Fourth, the Act expressly excludes the jurisdiction of the Civil Court in relation to the cases falling under Sections 30 and 40 (refer to Section 30(5) and Section 40)."



Tagged: supremecourt   urbanlandceilingact   jurisdiction   civilcourt   calcuttahighcourt   civilsuit  
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