Case on property for title and possession of land.

This query is : Resolved 
 

(Querist)
12 February 2019

Hello everyone,

If a plaintiff has filed a case on title and possession of a property in Haryana and the defendants are HUDA (Haryana Urban Development Authority and State of Haryana and others.

The Lawyers of HUDA are referring Section 50 OF HUDA act which states that "

Section 50 of the HUDA Act, as reproduced herein above, expressly bars jurisdiction of Civil Court and lays down that every order passed or notice issued by the Authority (HUDA) or its officers under the HUDA Act shall be final and shall not be questioned in any suit or other proceedings. It further stipulates that no Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter the cognizance of which can be taken and disposed of by any authority empowered by HUDA Act or the rules or regulations made thereunder. In the instant case, the impugned demand notices have been issued by Estate Officer-defendant No. 2. Jurisdiction of Civil Court to challenge the same is expressly barred by Section 50 of the Act. In this regard, learned counsel for the appellants has relied upon a judgment of this Court in the case of East India Cotton Mfg. Co. Limited v. Haryana Urban Development Authority Faridabad reported as 2003 (4) R.C.R (Civil) 36 : 2003 (3) PLR 842. It has been categorically laid down in this judgment that jurisdiction of Civil Court to challenge any action taken by HUDA or its officers under the HUDA Act is barred and even the concession cannot confer jurisdiction in a Court, where it had none. In the instant case, Civil Court has no jurisdiction to try the suit in view of express bar created by Section 50 of the Act."

HUDA HAS ALREADY FINALIZED THEIR DECISION REGARDING THE TITLE OF PROPERTY and according to section 50 of this HUDA ACT 1977, the civil courts don't have any jurisdiction to try the case now.

DOES IT MEANS THAT CIVIL COURT JUDGE HAS TO DISMISS THE CASE NOW?





Dr J C Vashista (Expert)
12 February 2019

Provisions of Special Act shall prevail upon General Act.
Although action of HUDA Act is final, however, it can be challenged by filing a writ of certiorari.

Nikhil chaudhary (Querist)
12 February 2019

Dr. Vashishta Sir, Does It means that HUDA act will prevail and dominate General acts of law?

Bilal U Gani (Expert)
13 February 2019

Exactly the Civil Courts lack jurisdiction in this matter,only any order can be challenged by way of writ potion



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