RANJIT SINGH Vs. FARIDABAD COMPLEX ADMINISTRATION

JUDGEMENT

(1.) THE case is of the year 1991 and there has been no appearance for the respondent. The counsel, who has been previously appearing, Sh. Anand Swaroop was reported to be dead and therefore, the hearing of the appeal was informed to office of the Advocate General, Haryana. Learned counsel for the Government represented that they do not represent the Faridabad Municipal Corporation and there was a separate panel for the same. He also submitted that his office has informed the Municipal Corporation.

(2.) THE matter relates to a pure consideration of law relating to the maintainability of the suit and the trial of the suit has been stayed for nearly two decades without the consideration of the case itself on merits all these years. I undertake, therefore, to consider the case regarding maintainability of the suit with the assistance of the learned counsel appearing for the revision petitioner and proceed to dispose of the case.

(3.) LEARNED counsel appearing on behalf of the petitioner points out that since the property is situate within the municipal limits of Faridabad, the Act applicable in respect of the properties was only Faridabad Complex (Regulation and Development) Act, 1971 which excluded the applicability of the Punjab Village Common Lands (Regulation) Act, 1961. Admittedly the expansive provision as to exclusion that was contained under Section 13 -A of the latter Act was not substituted in the Faridabad Complex (Regulation and Development) Act, 1971. On the other hand, the exclusion operates in a narrow filed through Section 51 of the said Act which reads "No order passed by the State Government or any authority in exercise of any power conferred by or under the Act shall be called in question in any Court." Learned counsel appearing for the revision petitioner would urge that the suit was for a declaration of the right that the property belonged to the plaintiffs and no order of the Government or any authority, which the said Section contemplates was ever to be in question in the suit.