Case Note & Summary
The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,000/-. The trial court dismissed the suit as not maintainable and without jurisdiction. The High Court upheld the dismissal, holding that the Land Acquisition Act, 1894 is a complete code and the civil court's jurisdiction is barred. The proper remedy for the appellants was to seek a reference under Section 18 of the Act. The appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Bar under Land Acquisition Act - Civil Court lacks jurisdiction to entertain suit challenging acquisition proceedings under the Land Acquisition Act, 1894, as the Act is a complete code providing remedy of reference under Section 18. The suit was dismissed as not maintainable. (Paras 2-10)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit challenging the acquisition of land under the Land Acquisition Act, 1894, when the remedy of reference under Section 18 is available.
Final Decision
Appeal dismissed. Judgment and decree of trial court upheld. No order as to costs.
Law Points
- Civil Court jurisdiction barred for acquisition matters
- Land Acquisition Act provides complete code
- Reference Court exclusive remedy
Case Details
2013 LawText (BOM) (10) 150
FIRST APPEAL NO. 203 OF 2005
NARESH H. PATIL, F. M. REIS
Mr. P. A. Kholkar, Advocate for the Appellant. Mr. Kaif Noorani, Additional Government Advocate for the Respondent nos. 1 and 2. Mr. A. Kakodkar, Advocate for the Respondent no. 3.
Smt. Prabhavati Babu Naik Gaunkar, Shri Vishwanath Babu Naik Gaunkar, Kum. Nivedita Babu Naik Gaunkar, Smt. Sandhya S. Phadesai, Shri Subhash D. Faldessai
Government of Goa, The Directorate of Sports and Youth Affairs, The sports Authority of Goa
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Nature of Litigation
Appeal against dismissal of suit challenging land acquisition
Remedy Sought
Appellants sought withdrawal from acquisition and compensation of Rs. 1,20,00,000/-
Filing Reason
Appellants claimed ownership of property and challenged acquisition proceedings
Previous Decisions
Trial court dismissed suit as not maintainable and without jurisdiction
Issues
Whether the Civil Court has jurisdiction to entertain a suit challenging acquisition under the Land Acquisition Act, 1894
Submissions/Arguments
Appellants argued that they are owners and acquisition was illegal
Respondents contended that civil court jurisdiction is barred under the Land Acquisition Act
Ratio Decidendi
The Land Acquisition Act, 1894 is a complete code and the civil court's jurisdiction is barred. The proper remedy for challenging acquisition is by way of reference under Section 18 of the Act.
Judgment Excerpts
The suit filed by the Appellants was dismissed as not maintainable and without jurisdiction.
Procedural History
Appellants filed Special Civil Suit no. 151 of 2001 in the Court of Civil Judge, Senior Division at Margao. The suit was dismissed on 31.03.2005. Appellants filed First Appeal No. 203 of 2005 before the High Court of Bombay at Goa.
Acts & Sections
- Land Acquisition Act, 1894: Section 18
