Suppression in List of Dates

Union of India v. Shantiranjan Sarkar, (2009) 3 SCC 90 : (2009) 1 SCC (L&S) 575 at page 92

8. Before adverting to the contentions raised before us by the learned counsel for the parties, we may notice that the appellants suppressed a material fact. It appears that the fact that the High Court had recalled its earlier order dated 9-7-2004 by an order dated 30-11-2004 had not been mentioned in the list of dates. This Court, therefore, must have proceeded on the basis that the impugned order was passed on a review application and not in the original writ proceedings. We do not find appropriate words to deprecate such a practice and that too by the Union of India. We should have dismissed the special leave petition on this ground alone. Let us, however, also consider the merit of the matter.

Maintainability is a legal plea jurisdictional plea can be raised anytime

State of Rajasthan v. Rao Raja Kalyan Singh, (1972) 4 SCC 165 at page 167

6. Though this issue is not very specific but undoubtedly it covers the plea taken by the respondent in para 1 of his written statement. That apart the plea of maintainability of the suit is essentially a legal plea. If the suit on the face of it is not maintainable, the fact that no specific pleas were taken or no precise issues were framed are of little consequence.

Civil Suit is barred to challenge steps taken in Land Acquisition

State of Bihar v. Dhirendra Kumar, (1995) 4 SCC 229 at page 230

3. The question is whether a civil suit is maintainable and whether ad interim injunction could be issued where proceedings under the Land Acquisition Act was taken pursuant to the notice issued under Section 9 of the Act and delivered to the beneficiary. The provisions of the Act are designed to acquire the land by the State exercising the power of eminent domain to serve the public purpose. The State is enjoined to comply with statutory requirements contained in Section 4 and Section 6 of the Act by proper publication of notification and declaration within limitation and procedural steps of publication in papers and the local publications envisaged under the Act as amended by Act 68 of 1984. In publication of the notifications and declaration under Section 6, the public purpose gets crystallised and becomes conclusive. Thereafter, the State is entitled to authorise the Land Acquisition Officer to proceed with the acquisition of the land and to make the award. Section 11-A now prescribes limitation to make the award within 2 years from the last date of publication envisaged under Section 6 of the Act. In an appropriate case, where the Government needs possession of the land urgently, it would exercise the power under Section 17(4) of the Act and dispense with the enquiry under Section 5-A. Thereon, the State is entitled to issue notice to the parties under Section 9 and on expiry of 15 days, the State is entitled to take immediate possession even before the award could be made. Otherwise, it would take possession after the award under Section 12. Thus, it could be seen that the Act is a complete code in itself and is meant to serve public purpose. We are, therefore, inclined to think, as presently advised, that by necessary implication the power of the civil court to take cognizance of the case under Section 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 Section 4 and declaration under Section 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 prima facie triable issue is unsustainable. Moreover, possession was already taken and handed over to the Housing Board. So, the order of injunction was without jurisdiction.


See also
Bangalore Development Authority v. K.S. Narayan, (2006) 8 SCC 336

Laxmi Chand v. Gram Panchayat (1996) 7 SCC 218
State of Punjab v. Amarjit Singh, (2011) 14 SCC 713 : (2012) 4 SCC (Civ) 1012 at page 718