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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: 2 — Abhay Manohar Sapre

In Brief

A dispute arose over a Calcutta property that came under the Urban Land (Ceiling and Regulation) Act, 1976 ceiling proceedings. Orient Beverages Ltd. surrendered excess land in 1990, which vested in the State and was subsequently leased to Apollo Gleneagles Hospitals. The original owners' successors filed a civil suit claiming ownership. The High Court allowed their appeal, but the Supreme Court reversed it. The Court held that civil courts lack jurisdiction over suits relating to land subject to ceiling proceedings under the 1976 Act, as the Act is a self-contained code with complete remedial machinery and finality provisions. The plaintiffs' failure to challenge the proceedings through available statutory remedies (filing statements or objections) barred their civil suit. The property vesting in the State was affirmed."

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Urban Land Ceiling Jurisdiction of Civil Courts Administrative Law Land Acquisition Real Property Statutory Interpretation

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