Panchshila Co-Operative House ... vs Municipal Corporation Of Delhi And Anr. on 19 July, 1983
19. On the other hand, Ld. defence counsel has argued that only a
limited window is kept open as per the guidelines of the Hon'ble
Supreme Court of India in Dhulabhai's case (supra) and only those
cases can be entertained in Civil Court wherein the statutory
authority has exceeded its jurisdiction or where the statutory
authority did not comply with the provisions of the statute and did
not act in conformity with the fundamental principles of judicial
procedure, however, in the present case, the statutory authority i.e.
Assessor and Collector had duly complied the provisions of the
statute and had acted in conformity with the fundamental principles
of judicial procedure, as opportunity of hearing was given to plaintiff
many times and all the documents submitted by the plaintiff before
CS SCJ 84592/16 Page 15 of 20
PANCHSHILA COOPERATIVE HOUSING SOCIETY LTD. V. SOUTH DELHI MUNICIPAL CORPORATION
the statutory authority were duly considered, before passing the
impugned order dated 31.05.2016, therefore, implied bar of
jurisdiction of Civil Court duly applies in this case and the limited
window of challenge to the order of the statutory authority is not
open to the plaintiff in this case.