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Supreme Court of India 2019-02-26 allowed

Competent Authority Calcutta, Under the Land (Ceiling and Regulation) Act, 1976 And Anr vs David Mantosh & Ors

Bench: 3 — Abhay Manohar Sapre

In Brief

Respondents claimed ownership of urban land in Calcutta that was acquired by the State under the Urban Land (Ceiling and Regulation) Act, 1976, and subsequently allotted to Apollo Gleneagles Hospitals. They filed a civil suit seeking a declaration that the ceiling proceedings were void and claiming possession. The High Court allowed their suit, holding that civil courts have jurisdiction. The Supreme Court reversed this, holding that the Act impliedly excludes civil court jurisdiction. The Court held that the Act is a self-contained code providing complete remedies through its own mechanisms and giving finality to orders; therefore, civil courts cannot entertain suits challenging ceiling proceedings. The Court restored the trial court's dismissal of the suit."/>

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Urban Land Ceiling Administrative Law Civil Procedure Statutory Exclusion of Jurisdiction Land Acquisition

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