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Section 149 MRTP Act Bars Civil Suit Against Building Permission

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Judgment dated of the High Court of Bombay in Civil Revision Application No.472 of 2009 of Murzban Nusserwanji Khariwala and others   Vs.  Kakad cooperative Housing Society and others with connected matters

Building Permissions – Bar of Civil Suit – Section 149 MRTP Act

Plaintiff has filed LC Suit No. 2591 of 2000 before the City Civil Court inter alia challenging building permissions and sanctioned plans in respect of the building White Orchid and seeking its demolition. Applicants filed written statements. Issues were framed on 6 June 2005, which were recast on 18 January 2008. Applicants filed Notice of Motion at Exh-14 under Order VII Rule 11 of the Code seeking rejection of the Plaint on the ground that the suit is barred under provisions of Section 149 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act).

here is express bar under Section 149 of MRTP Act for maintenance of a Suit challenging any order passed or direction/notice issued by the Planning Authority. Section 149 of MRTP Act seeks to give finality to the orders passed or directions/notices issued under the Act which cannot be questioned in any suit or any other legal proceedings. Section 149 of the MRTP Act provides thus: 149. Finality of orders.— Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings.

It is thus more than apparent that the bar under Section 149 of MRTP Act would clearly be attracted qua prayer clauses (a) to (d) and (f) in the plaint as observed above. Prayer clauses (e), (h) and (i) merely seek consequential reliefs and depend on main relief of challenge to the development permissions. In my view therefore, express bar under Section 149 of MRTP Act would clearly be attracted to the reliefs sought in the Plaint

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