Since the only exception to entertain a suit is on the basis of the
order being a nullity as suffering from a jurisdictional error, the said ground must be so overwhelming so as to superimpose itself on the bar. The ground of nullity must be such that it is exfacie borne out from the facts and cannot be arrived at by a convoluted process. It is also required to be noted that the suit is filed on the basis of the alleged threat of demolition, as indicated herein above the Plaintiff has not filed any application under Section 53(3) of the MRTP Act after the notice is received. The cause of action appears to be merely a ruse to file the suit. If such types of suits are entertained, the bar contained in Section 149 of the MRTP Act would turn otiose.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.448 OF 2013
Mrs. Sarina Esmeralda Lopez Vs Mr.Vijay Goverdhandas Kalantri
CORAM : R. M. SAVANT, J.
DATE : 16th January 2015
Citation: 2015(2) MHLJ603
