Case Note & Summary
The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 14.02.2017 passed by the Civil Judge Senior Division, Jaysingpur, in R.C.S.No.242 of 2016. The trial court had overruled the petitioner's objection to the jurisdiction of the Civil Court to entertain the suit. The respondent Nos. 1 & 2 (original plaintiffs) had filed the suit seeking a declaration that the land acquisition map prepared by defendant No.2 Collector was illegal and void. The petitioner contended that the suit was barred by Section 4 of the Land Acquisition Act, 1894, which ousts the jurisdiction of civil courts in matters relating to land acquisition. The High Court examined the nature of the suit and the relief sought. It noted that the plaintiffs were not challenging the acquisition proceedings or the award, but only the map prepared by the Collector. The court held that the map is not an 'award' under the Act, and therefore, the bar under Section 4 does not apply. The civil court has jurisdiction to entertain the suit. The revision application was dismissed, and the trial court's order was upheld. The court also directed the trial court to expedite the hearing of the suit.
Headnote
A) Civil Procedure - Revision under Section 115 CPC - Jurisdiction of Civil Court - Land Acquisition Act, 1894 - The revision application challenged the order of the trial court overruling the objection to jurisdiction. The High Court held that the civil court has jurisdiction to entertain a suit challenging the land acquisition map as the map is not an 'award' under the Act and the bar under Section 4 of the Land Acquisition Act, 1894 does not apply. (Paras 4-13)
Issue of Consideration
Whether the Civil Court has jurisdiction to entertain a suit challenging the land acquisition map prepared by the Collector, given the bar under Section 4 of the Land Acquisition Act, 1894?
Final Decision
The High Court dismissed the Civil Revision Application, upholding the order of the trial court. The court held that the civil court has jurisdiction to entertain the suit as the map is not an 'award' under the Land Acquisition Act, 1894, and the bar under Section 4 does not apply. The trial court was directed to expedite the hearing of the suit.
Law Points
- Civil Court jurisdiction
- Land Acquisition Act
- 1894
- Section 4
- Section 115 CPC
- Ouster of jurisdiction
- Land acquisition map
Case Details
2018 LawText (BOM) (02) 68
Civil Revision Application No.154 of 2017
Dr. Shalini Phansalkar-Joshi, J.
Mr. Pradeep D. Dalvi for the Petitioner, Mr. Shriniwas Sudhir Patwardhan for Respondent Nos. 1 & 2, Mr. Yogesh Dabake, AGP for Respondent State
Sadashiv Krishnaji Kulkarni, Rahul Vilas Jankar, State of Maharashtra, Collector and Deputy Collector Rehabilitation, Special Land Acquisition Officer No.15, Tahasildar, Circle Officer, Rahul Rajaram Kulkarni, Vinayak Rajaram Kulkarni
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Nature of Litigation
Civil Revision Application challenging the order of the trial court overruling the objection to jurisdiction.
Remedy Sought
The petitioner sought to set aside the order dated 14.02.2017 passed by the Civil Judge Senior Division, Jaysingpur, which overruled his objection to the jurisdiction of the Civil Court to entertain the suit.
Filing Reason
The petitioner, original defendant No.7, objected to the jurisdiction of the Civil Court to entertain the suit filed by respondent Nos. 1 & 2 for declaration that the land acquisition map prepared by the Collector was illegal and void.
Previous Decisions
The trial court overruled the objection to jurisdiction on 14.02.2017.
Issues
Whether the Civil Court has jurisdiction to entertain a suit challenging the land acquisition map prepared by the Collector, given the bar under Section 4 of the Land Acquisition Act, 1894?
Submissions/Arguments
The petitioner argued that the suit is barred by Section 4 of the Land Acquisition Act, 1894, which ousts the jurisdiction of civil courts in matters relating to land acquisition.
The respondents argued that the suit is not barred as it challenges only the map, not the acquisition proceedings or award.
Ratio Decidendi
The civil court has jurisdiction to entertain a suit challenging a land acquisition map because the map is not an 'award' under the Land Acquisition Act, 1894, and the bar under Section 4 of the Act does not apply to such a challenge.
Judgment Excerpts
The suit is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.
The civil court has jurisdiction to entertain the suit.
Procedural History
The respondent Nos. 1 & 2 filed R.C.S.No.242 of 2016 before the Civil Judge Senior Division, Jaysingpur, seeking a declaration that the land acquisition map prepared by the Collector was illegal and void. The petitioner, original defendant No.7, raised an objection to the jurisdiction of the civil court. The trial court overruled the objection on 14.02.2017. The petitioner then filed the present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: Section 115
- Land Acquisition Act, 1894: Section 4
