City And Industrial Development ... vs Manda Shantaram Patil
2023 Latest Caselaw 2962 Bom

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                                                                           15.CRA.19.2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    APPELLATE SIDE CIVIL JURISDICTION

                 CIVIL REVISION APPLICATION NO. 19 OF 2023

City And Industrial Development Corporation
Ltd. & Ors.                                                      ....APPLICANTS
      V/S
Manda Shantaram Patil                                            ....RESPONDENT

Mr. Ashutosh M. Kulkarni for the applicants.


                                     CORAM         : SARANG V. KOTWAL, J

                                     DATE          : 27TH MARCH, 2023
P.C.:

1.        The Applicants have challenged the order dated 08/09/2022

passed by the 2nd Jt. Civil Judge, Junior Division, Belapur, Navi Mumbai

below Exhibit-19 in Regular Civil Suit No. 173 of 2022.

2.        The Applicants are the Planning Authority and they had issued

notice u/s 53 of the Maharashtra Regional and Town Planning Act, 1966

(hereinafter referred to as "the MRTP Act"). The Respondent herein

challenged the said notice by filing the aforementioned suit. The

applicants preferred an application under Order 7 Rule 11 of CPC for

rejection of the Plaint on the ground that the suit was barred in view of

Section 149 of the MRTP Act. The said application was rejected.

3.        The learned Judge observed that whenever legality or validity of

the notice was in question, the Civil Court had jurisdiction to entertain

the suit and since the Respondent herein had challenged the legality of


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                                                                          15.CRA.19.2023.doc


the notices, the suit was not barred u/s. 149 of MRTP Act.

4.        Learned counsel for the applicants relied on the judgment of the

Single Bench of this Court in the case of Sarina Esmeralda Lopes vs.

Vijay Goverdhandas Kalantri and Another reported in 2015(2)

Mh.L.J 603. He specifically relied on the observations made in

paragraph nos. 16 and 18 of the said judgment.

5.        He submitted that as per that ratio, if there was no issue of

jurisdiction then there was no question of the Civil Court entertaining

the suit. Thus bar u/s. 149 of MRTP Act clearly operates. Considering

this submission, it is necessary to hear the Respondent. Learned

counsel for the Applicants has made out a case for grant of ad-interim

relief till the next date.

6.        Hence, the following order:

                                         :: ORDER ::

(a) Issue notice to the Respondent, returnable on 17/07/2023.

(b) Till then, there shall be ad-interim relief in terms of prayer

clause (c).

(c) Stand over to 17/07/2023.

                                                  (SARANG V. KOTWAL, J.)




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