Jurisdiction of civil court against mhada
Kapil
(Querist) 05 May 2014
This query is : Resolved
Hello All,
I am one of the defendant in the Case which is filed against Maharashtra Housing and Area Development Authority.
My Query is whether Civil Court has Jurisdiction against the MHADA. Sec 71 & 177 of the MHADA act is very clear that Civil Court is barred to entertain all the cases against MHADA.
If you have some Case Laws then kindly suggest.
Regards,
Kapil Sonawane, Advocate
ajay sethi
(Expert) 05 May 2014
search in indian kanoon.com for citations
ajay sethi
(Expert) 05 May 2014
indiankanoon.org/doc/1481273/‎
Kapil
(Querist) 05 May 2014
Thanks for the link :)
Raj Kumar Makkad
(Expert) 05 May 2014
MHADA Act itself imposes bar over the jurisdiction of Civil court so no more judgment is required to establish this legal position.
prabhakar singh
(Expert) 05 May 2014
You are correct in your opinion.Law is clear
which does not require any citation.
Kapil
(Querist) 06 May 2014
Thanks to all for your kind suggestions.
Kapil
(Querist) 08 August 2014
Pls. see this might be helpful to others -
2007 (5) Mh.L.J 297, 2007 (5) Bom.C.R. (NB)77, 2007(4) All.M.R. 678 MHADA Vs. Mahesh J. Sacchani & Ors.
2002 (Supp. 2) Bom. C. R. 573 Vithal Kohale Vs. Chief Officer, Nagpur Housing and Area Dev. Board and Others. In this case AIR 1964, S.C. 322 is provided. (passed by Hon'ble P. B. Gajendragadkar CJ of Supreme Court). The contention of CJ is very good for the present issue.
also pls see :-
AIR 1969 S.C. 78, ( passed by Hon'ble Hidaytullah, CJ of SC) for the exclusion of of Civil Courts Jurisdiction.
Raj Kumar Makkad
(Expert) 09 August 2014
You are most welcome. The cited judgments are also vital in the light of the discussion.
