DEVENDER KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this suit under Order XXXIII Rule 1 CPC, the plaintiff has, inter alia, claimed the following reliefs :-

(2.) Challenge in this suit is to the validity of the acquisition proceedings and the award No.1/93-94 relating to the disputed land. On 12th August, 1996, when the case came up for hearing, my learned brother Anil Dev Singh, J raised an issue : Whether the suit is maintainable in view of the decision of the Supreme Court in Laxmi Chand and others Vs. Gram Panchayat and others (1996) 7 SCC 218? Learned counsel for the plaintiff submitted that the present suit is maintainable under Section 9 of the Code of Civil Procedure on the following grounds : -

(3.) Reliance has been placed by the learned counsel for the plaintiff on the decision of the Supreme Court in Dhulabhai Vs. State of Madhya Pradesh AIR 1969 SC 78 in support of the said contention. On the contrary, learned counsel for the defendant, relying upon the decisions of the Supreme Court in Laxmi Chand (supra) and State of Bihar Vs. Dhirendra Kumar & Ors. (1995) 4 SCC 229, contended that the Act is a complete code by itself and the plaintiff cannot invoke jurisdiction of a Civil Court to impugn the acquisition proceedings, which have now attained finality.