Whether Civil Court Can Declare Orders Passed Under Urban Land Ceiling Act As Illegal Or Non Est?

 The Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained Code. Various provisions of the Act make it clear that if any orders are passed by the competent authority, there is provision for appeal, revision before the designated appellate and revisional authorities. In view of such remedies available for aggrieved parties, the jurisdiction of the civil courts to try suit relating to land which is subject-matter of ceiling proceedings, stands excluded by implication. Civil court cannot declare, orders passed by the authorities under the ULC Act, as illegal or non est. More so, when such orders have become final, no declaration could have been granted by the civil court. In this regard reference may be made to the judgment of this Court in the case of Competent Authority, Calcutta, under the Urban Land (Ceiling and Regulation) Act, 1976, (2020) 12 SCC 542. We are totally in agreement with the aforesaid view taken by this Court. {Para 14}

15. In this case, it is clear from the orders passed by the competent authorities, that the original declarant was holding excess land to the extent of 16000.32 square meters. When the orders passed by the competent authority and consequential notifications issued under Section 10(1) and 10(3) of the ULC Act have become final, it was not open for the respondent to file a suit seeking declaration, as prayed for. As we are of the view that jurisdiction of the civil courts is barred by necessary implication, trial court fell in error in entertaining the suit, as filed by the respondent and even the first appellate court and second appellate court have not considered the various grounds raised by the appellant in proper perspective.

Jurisdiction of civil courts to try suit relating to land which is subject matter of ceiling proceedings stands excluded by implication.

                          Supreme Court

JUSTICE R. SUBHASH REDDY JUSTICE HRISHIKESH ROY

State of M.P. Vs. Ghisilal

CIVIL APPEAL NO.2153 OF 2012

22nd November 2021

Author: R.SUBHASH REDDY, J.

Citation: 2021 ALL SCR (ONLINE) 677

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