RIICO AND ORS. Vs. SAKIR HUSSAIN

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioners.

(2.) THIS revision petition is directed against the order dated 20.04.2011 whereby the Petitioners'/Defendants application under Order 7 Rule 11 Code of Civil Procedure has been rejected by the learned trial court.

(3.) SECTION 13 of the said Act creates a bar against the civil court in any matter which is required to be or may be decided by the Board of the Corporation or anybody thereof under this Act and this Act itself was brought and would appear from the preamble to vest in RIICO, the power of eviction of trespasser/s and to provide for demolition of unauthorised development in industrial areas for matters connected therewith. Section 6 inter alia also provides that if any unauthorised construction has been raised, even by the allottee/s of the industrial plot then the RIICO may require removal of such unauthorised development and for that a procedure has been allowed in Section 6 itself and person aggrieved of such notice has to be heard in the matter and proper order has to be passed after giving such opportunity of hearing. Sub -section (4) provides that if permission applied for is granted, the notice shall stand withdrawn. In the present case, a contention was raised before the trial court by the Plaintiff that construction in question was raised by him in accordance with approved maps and, therefore, the RIICO may be restrained to undertake procedure under Section 6 of the said Act. Unless and until, such procedure is undertaken by concluding and passing appropriate order the jurisdiction of the civil court cannot be said to be barred in view of Section 13 of the Act. Consequently, the rejection of application under Order 7 Rule 11 Code of Civil Procedure cannot faulted at this stage.