MOHANLAL NARANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The plaintiff has filed Regular Civil Suit No. 998 of 1970 in the Court of the Civil Judge Senior Division at Surat for a declaration that the acquisition of land bearing S. No. 188 of Ward No. 9 situate in the city of Surat is unlawful and ultra vires. During the pendency of the suit the plaintiff applied for an interim injunction to restrain the defendants from taking possession of the said land. The defendants to the suit are the State of Gujarat the Collector of Surat and the Land Acquisition Officer Branch No. 4 Surat.

(2.) The learned Trial Judge rejected the plaintiffs application for interim injunction on the ground that no statutory notice under sec. 80 of the Code of Civil Procedure was served upon the defendants and that therefore the suit was not maintainable.

(3.) The plaintiff appealed to the District Court. The learned District Judge held that the finding of the learned Trial Judge that the statutory notice under sec. 80 of the Code of Civil Procedure was not served upon the defendants was erroneous. However he dismissed the appeal because sec. 47A of the Land Acquisition Act inserted by sec. 21 of the Land Acquisition (Gujarat Unification & Amendment) Act 1963 prohibits Civil Courts from issuing injunctions against the acquiring Authorities in matters of land acquisition.