2012 AIR CC 2863 (ALL) ::2012 (5) All LJ 682 ::2012 (5) ALJ 682 ::(2012) 117 RevDec 56 ::(2012) 6 ADJ 772 (ALL) ::(2012) 93 All LR 358 ::(2012) 5 All WC 4916

Allahabad High Court

Hon'ble Judge(s): S. U. Khan , J

( A ) Civil Procedure Code (5 of 1908) S. 9 — Land Acquisition Act (1 of 1894), Ss. 4, 6 — U. P. Nagar Mahapalika Adhiniyam (2 of 1959), S. 365(2) — Jurisdiction of Civil Court — Ouster of — Acquisition of land made under Land Acquisition Act cannot be challenged in civil Court — Supreme Court in various judgments had ruled about ouster of jurisdiction of civil Court in suit challenging land acquisition under local Acts also — Such ouster would also be applicable to acquisition for schemes under U.P. Nagar Mahapalika Adhiniyam which itself refers to Land Acquisition Act — Plea that Civil Court can entertain suit against acquisition of land, if land was acquired under U.P. Nagar Mahapalika Adhiniyam and not under Land Acquisition Act, not tenable. AIR 1995 SC 1955, AIR 1996 SC 523, AIR 2006 SC 3379, Followed. (Paras13)