Indian Kanoon - Search engine for Indian Law

32. The other case in Shiv Kumar Chadha Vs. Municipal Corporation of Delhi & Ors. . Again the question of maintainability of a suit under Section 9 Code of Civil Procedure came up for consideration. The came related to remedy being sought in connection with alleged unauthorised and illegal constructions which the Corporation wanted to demolish. Section 347 E of the DMC Act provided a specific bar to jurisdiction of Courts in such matters and the only remedy provided for under the statute was an appeal to the Appellate Tribunal and a further appeal to the Administrator. It was held that inspite of the bar placed on the power of the Court, orders passed under such statutes can be examined on jurisdictional question. Under such circumstances the Court can examine whether the dispute falls within the ambit of the Act. For instance it was noticed that a suit could not be held to be not maintainable when Along with the plaint material was produced to show that the building in question was not within the Corporation limits, or that the constructions were made prior to coming into force of the relevant provisions of the Act.