STATE OF BIHAR versus DHIRENDRA KUMAR AND ORS.

Citation: [1995] 3 S.C.R. 857 · Decided: 27-04-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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STATE OF BIHAR 
A 
v 
DHIRENDRA KUMAR AND ORS. 
APRIL 27, 1995 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
B 
Land Acquisition Act, 1894 : 
Sections 4, 6; 9, 17(4) and 5-A-Govemment needing possession ur-
gentiy-.l'rocedur,,_-[Jispensing with enquiry u/s. 5-A and issuing notice u/s. 9 . C 
and taking possession after 15 days-Civil suit-Whether Maintainable--Ad-
interim injunction-Whether could be issued-Held: No. 
A Notification under s.4(1) of the Land Acquisition Act Wlls publish· 
ed on February 13, 1957 acquiring the disputed land alongwltb other lands 
for public purpose, namely construction of the houses by the Housing D 
Board. The declaration under s.6 was published on March 27, 1957. The 
possession of the land was taken on March 22, 1957 and the same was 
given to the Housing Board on the same day. Several encroachments have 
been made in the land and unauthorised constructions have been made. 
Steps were taken by the Housing Board to have the encroachers ejected E 
from those lands. The respondent laid a Title Suit in the Court of the 
Subordinate Judge and filed an interlocutory application under Order 39 
Rule 1 of CPC for ad-interim injunction. The Subordinate Judge found 
prima facie case with triable issue and granted injunction restraining the 
appellants from dispossessing the respondent till the disposal of the snit 
withont causing any disturbance to the plaintiff's possession and enjoy-
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ment of the suit land or demolition of any structures standing thereon. 
On appeal, it was modified by the High Court, holding that the status quo 
shall be maintained. Hence these appeals. 
The question involved in these appeals was whether a civil· suit was G 
maintainable and whether ad interim injunction could be issued where 
proceedings under the Land Acquisition Act was taken pursuant to the 
notice issued under s.9 of the Act and possession delivered to the 
beneficiary. 
Allowing the appeals, this Court 
857 
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858 
SUPREME COURT REPORTS 
[1995] 3 S.C.R. 
A 
HELD : 1. The provisions of the Land Acquisition Act are designed 
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to acquire the land by the State exercising the power of eminent domain 
to serve the public purpose. The Act is a complete code in itself and is 
meant to serve public purposes. (859-D, G] 
2. By necessary implication the power of the civil court to take 
cognizance of the case under s.9 of CPC stands excluded and a civil court 
has no jurisdiction to go into the question of the validity or legality of the 
notification under s.4 and declaration under s.6, except by the High Court 
in a proceeding under Article 226 of the Constitution. So, the civil suit 
itself was not maintainable. When such is the situation, the finding of the 
trial court that there is a prime facie triable issue is unsustainable. 
Moreover, possession was already taken and handed over to Housing 
Board. So, the order of injunction was without jurisdiction. The injunction 
granted by the trial court and confirmed by the High Court are thus illegal. 
(859-H, 860-A, BJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5753 of 
1995. 
From the Judgment and Order dated 7.2.86 of the Patna High Court 
in Misc. A No. 16 of 1986. 
Promod Swarup for the Appellant. 
S.K. Sinha for the Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
This appeal by special leave arises from the judgment and order 
dated 7th February, 1986 passed by the Patna High Court at Patna in 
Miscellaneous Appeal No. 16 of 1986. A notification under s.4(1) of the 
Land Acquisition Act, 1894, 1/94 (for short, 'the Act') was published on 
February 13, 1957 acquiring the disputed land alongwith other lands for 
public purpose, namely construction of the houses by the Housing Board, 
known as the Peoples Cooperative House Construction Society 
Ltd., 
Patna. The declaration under s.6, was published on March 27, 1957. The 
possession of the land was taken on March 22, 1957 and the same was given 
to the Housing Board on the same day. It would appear that several 
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STATE OF BIHAR v. D. KUMAR 
859 
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encroachments have been made in the land and unauthorised constructions A 
appears to have been made. Steps were taken by the Housing Board to 
have the encroachers ejected from those lands. As sequel thereof, it would 
appear that the respondent laid Title Suit No. 329/85 in the Court of the 
Subordinate Judge-1 at Patna and filed an interlocutory application under 

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