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2. Necessary facts, in brief, are as under:

3. The agricultural land bearing Survey Nos.171 to 184, 214, 217 and 284 admeasuring 17.18 acres situated at Village Bag Sevania, Tehsil Huzur, District Bhopal, was recorded in the name of Late Padam Singh as a Bhoomi Swami. In the aforesaid land, late Padam Singh was having 1/4th share. As the said land was covered by the Urban Land (Ceiling and Regulation) Act, 1976 (for convenience sake, hereinafter referred to as ‘ULC Act’), late Padam Singh has filed declaration as contemplated under the provisions of the ULC Act. The competent authority has determined an extent of 16000.32 square meters of land as vacant land and the same was declared surplus. Consequent to passing of final orders by the competent authority, a notification under Section 10(1) of the ULC Act was issued on 16.09.1983 and the notification as contemplated under Section 10(3) of the ULC Act was published in the Madhya Pradesh Gazette, Part - III dated 20.01.1984.

4. It is the case of the appellant herein that after following the necessary procedure contemplated under the ULC Act, possession of the surplus land was taken. Thereafter, the revenue entries were corrected showing the State as owner to the extent of the surplus land declared by the competent authority. It is also the case of the appellant that as the possession was already taken prior to coming into force of the Urban Land (Ceiling and Regulation) Repeal Act 1999 (for convenience sake, hereinafter referred to as ‘Repeal Act’), the said land was allotted for the purpose of constructing dwelling houses to the poor.

(B) A permanent injunction be passed in favour of the plaintiff and against the defendant thereby directing the defendant not to interfere in the peaceful possession of the plaintiff.”

13. It is not in dispute that the land in question is in the Urban Agglomeration and covered by the ULC Act, 1976. As such, original owner late Padam Singh has filed declaration under the provisions of the ULC Act and after conducting necessary inquiry, final orders were passed by the competent authority declaring 16000.32 square meters of land as surplus land. It is also clear from the material placed on record that consequent to final orders passed by the competent authority, notifications under Section 10(1) and 10(3) of the ULC Act were issued. Although, it is the case of the respondent - plaintiff that possession was taken without issuing notice, as such it cannot be considered as valid taking over of possession, but it is evident from the copy of the panchnama, the respondent, who claims to be the legal heir of late Padam Singh, is also a signatory as a witness to the same. Though the respondent - plaintiff was a witness to the panchnama for taking over possession, a belated attempt was made by filing the present suit by the respondent without even questioning the orders passed by the competent authority under the Act, declaring the land in question as a surplus land. The trial court as well as appellate court fell in error in recording a finding that possession was not taken, inspite of taking possession by conducting panchnama for which respondent is a signatory. In the judgment relied on by the learned counsel for the appellant in the case of Indore Development Authority2, this Court while dealing with the provisions of the Land Acquisition Act has held that when the possession of the land is taken by drawing a panchnama, that amounts to taking physical possession of the land. It is further held that anybody claiming possession thereafter has to be treated as a trespasser and has no right to possess the land which vests with the State free from all encumbrances. In view of the stand of the appellant, of taking over possession of the land by conducting panchnama for which respondent is a signatory, it is difficult to believe the stand of the respondent that possession was not taken. In view of the stand of the respondent that possession is with the respondent, this Court called for a report from the District Judge. Pursuant to the same, report dated 14.04.2021 was sent by the learned Principal District and Sessions Judge, Bhopal, Madhya Pradesh to this Court. It is evident from such report that the appellant has taken possession of the land and the same was allotted to the Bhopal Development Authority and the same was utilised for construction of about 400 houses for needy slum dwellers by spending huge amount. Thus, it is clear that possession of the land was not only taken but same is utilised for a public purpose.

14. The Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained Code. Various provisions of the Act make it clear that if any orders are passed by the competent authority, there is provision for appeal, revision before the designated appellate and revisional authorities. In view of such remedies available for aggrieved parties, the jurisdiction of the civil courts to try suit relating to land which is subject-matter of ceiling proceedings, stands excluded by implication. Civil court cannot declare, orders passed by the authorities under the ULC Act, as illegal or non est. More so, when such orders have become final, no declaration could have been granted by the civil court. In this regard reference may be made to the judgment of this Court in the case of Competent Authority, Calcutta, under the Urban Land (Ceiling and Regulation) Act, 19763. We are totally in agreement with the aforesaid view taken by this Court.