Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
S.P. SUBRAMANYA SHETTY & ORS.
Vs.
RESPONDENT:
K.S.R.T.C. & ORS.
DATE OF JUDGMENT: 26/03/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
We do not find any illegality in the order passed by
the High Court on January 20,1997 in CRP No. 4097/96.
The admitted facts are that the acquisition of the
petitioners’ land has become final. Admittedly notification
under section 4(1) of the land Acquisition Act, 1894 (for
short, the ‘Act’) was issued. The petitioners had challenged
the notification in the year 1988. The High Court dismissed
the writ petition on January 17,1990. The special leave
petition filed by the petitioners was dismissed by this
Court on November 21, 1994.
It is the case of the petitioner that he made a
representation to denotify the part of the land on the
ground that he was willing to give 5 out of 11 cents, free
of cost. He claims that the secretary had examined the
matter and favourably recommended for consideration. Since
they were not been considered, he filed the civil suit for
an injunction for restraining them from interfering with his
possession. The District Judge vacated the interim
injunction granted by the trial court and in the revision
the High Court has dismissed it. Thus, this special leave
petition.
In view of the settled legal position that the
notification had become final and the proceedings had
attained finality, the civil suit was not maintainable. This
Court has repeatedly held that a civil suit relating to
acquisition proceedings is not maintainable and by
implication, cognizance under section 9, CPC, is barred. The
Court cannot issue mandatory injunction against the state to
denotify the acquisition under section 48. Therefore, the
question of granting an injunction against the authority;
from proceedings in accordance with the law does not arise.
The High Court, therefore, was right in refusing to grant
injunction. The Court cannot compel the Government to
withdraw the notification under section 4(1) of the Act. It
is for the Government to consider the same on merits and it
keeping in mind subservience of public interest. In view of
the fact that notification was upheld by this Court and has
become final, the Government cannot retract from the steps
taken.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
The special leave petition is accordingly dismissed.