TaxTMI 
TaxTMI 
2022 (8) TMI 1500
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....tituted by the Appellant before the Court of the Civil Judge (Junior Division), Amravati. The Appellant has pleaded that the second Respondent (Amravati Housing and Area Development Board) allotted Block No. 4/6 situated on the first floor at Tope Nagar, Amravati to her on 16 July 1986. The Appellant claims to be in possession of the residential tenement. The first Respondent is stated to be in occupation of a ground floor tenement in the same building bearing Block No. 4/2. According to the Appellant, the first Respondent made an illegal and unauthorized construction in an open vacant site situated in the northern and eastern side of the block. This has been depicted in a plan, which is annexed to the plaint. The first Respondent is alleged to have constructed four rooms, as a consequence of which the Appellant claims that her easements have been affected. The Appellant has alleged the following disturbances to her easements: i. The privacy, light, and air of the Appellant's block have been affected; ii. The first Respondent is alleged to have constructed a stair case to gain access to the terrace, as a consequence of which the Appellant's privacy is stat....
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.... Appellant; (iii) the suit is maintainable since the dispute does not relate to the business of the co-operative society but the legal rights of the Appellant. The following order was passed, while decreeing the suit: Plaintiff's suit is hereby decreed. Defendants are hereby directed to remove the illegal and unauthorized construction made by the Defendant No. 1 on the open space towards the eastern and northern side of Block No. 4/2 which is shown in the map which is produced along with inspection report Ex. 73 by letters A B C D A and D H I J K L D. Both the Defendants are hereby directed to restore the water connection to the Plaintiff's house by removing the obstructions which are made in the service line. Defendant No. 1 or anybody on her behalf is hereby permanently restrained from making encroachment as well as making any construction on the open site causing any nuisance to the Plaintiff's tenement. Plaintiff and Defendant are residing in the same building. Taking into consideration the relationship in between them, parties to bear their own costs, if any. The map which is produced along with inspection Note ....
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....ke action. 8. We have heard Mr. Somiran Sharma, counsel appearing on behalf of the Appellant, Mr. Satya Kam Sharma, counsel appearing on behalf of the first Respondent and Mr. Sanjay Kharde, counsel appearing on behalf of the second Respondent. 9. Sections 71 and 177 are extracted below: 71. Bar of jurisdiction of civil courts.--No civil court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person from any Authority premises under this Chapter, or the recovery of the arrears of rent, compensation, amount or damages for use and occupation of such premises, or in respect of any order made or to be made or any action taken or to be taken by the Competent Authority or the appellate officer in the exercise of any power conferred by or under this Chapter, or to grant any injunction in respect of such order or action. 177. Bar of jurisdiction.--Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the Authority or the Tribunal is empowered by or under this Act, to determine; and no injunction or stay shall be granted by any court or other authority in res....
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....ings (i) "in respect of the eviction of any person from any Authority premises under this Chapter"; or (ii) for the recovery of the arrears of rent, compensation or damages for the use and occupation of such premises; or (iii) in respect of any order made or to be made or any action taken or to be taken by the competent authority in exercise of the power conferred by or under the Chapter; or (iv) to grant an injunction in respect of such order or action. Section 177 bars the jurisdiction of a civil court in respect of any matter which the Authority or Tribunal is empowered by or under the Act, to determine. Similarly, no injunction or stay can be granted by a Court or other authority in respect of any action taken or to be taken in pursuance of the power conferred or duty imposed by or under the Act. 12. Section 66(1)(b) of MHAD Act entrusts the competent authority with a power to order eviction on the grounds which are set out in the provision. Among them in Sub-clauses (iii), (iv) and (v) of Clause (a) of Sub-section (1) of Section 66 are: (a) The commission of an act which is destructive of or permanently injurious to the premises; (b) Making a material addi....
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....sary and the result of the inquiry may be decisive. In the latter case it is necessary to see if the statute creates a special right or a liability and provides for the determination of the right or liability and further lays down that all questions about the said right and liability shall be determined by the Tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not. [...] (7) An exclusion of the jurisdiction of the civil court is not readily to be inferred unless the conditions above set down apply. (emphasis supplied) 15. In Ramesh Gobindram v. Sugra Humayun Mirza, (2010) 8 SCC 726; Also see Competent Authority, Calcutta under the Urban Land (Ceiling and Regulation) Act 1976 v. David Manthosh, (2020) 12 SCC 542, a two-Judge Bench of this Court observed that the jurisdiction of the civil courts to try suits of a civil nature is expansive and the onus to prove the ouster of the jurisdiction is on the party that asserts it. The court observed that even in cases where the jurisdiction of the civil court is barred by a statute, the test is to determine if the authority or tribunal ....