Bar of Civil Court Jurisdiction Under Section 149 of the MRTP Act for Challenges to Development Permissions

sketch of the Bombay High Court
Case
KAKAD CO-OP HSG. SOC. LTD AND ORS. v. MURZBAN NUSSERWANJI KHARIWALA AND ORS. (Bombay High Court, 22-09-2026)
Law
Code of Civil Procedure, Maharashtra Regional and Town Planning Act.

Highlights of the Judgment:

  • Detailed analysis of the statutory bar under Section 149 of the Maharashtra Regional and Town Planning Act, 1966 against civil suits challenging planning permissions.
  • Examination of the maintainability of a suit under Order VII Rule 11 of the Civil Procedure Code where only consequential reliefs like demolition are sought.
  • Interpretation of whether mere averments of title in the plaint without a substantive prayer for declaration save the suit from jurisdictional bars.
  • Principles regarding the stage at which an application for rejection of plaint can be filed and the non-waivability of subject-matter jurisdiction.
  • Impact of the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 on pending legal proceedings.