Law: Capital Development Authority Ordinance, 1960

Section: 49-E

Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX, r. 2

(a) Capital Development Authority Ordinance (XXIII of 1960) S. 49-E-Ouster of jurisdiction of civil Courts-Courts, held, can examine validity of acts of statutory functionary to find out whether or not it exceeded its powers and S. 49-E no bar to exercise of such powers.---[Jurisdiction]. (b) Civil Procedure Code (V of 1908) O. XXXIX, r. 2--Temporary injunction-Plaintiff for grant of temporary injunction, must have an arguable case-Issue of temporary injunction held, discretionary with Court.--[Injunction]. LINK1 LINK2 Date of hearing : 30th September, 1980.                                                                                                                               JUDGMENT The plot in dispute was offered for lease by the petitioner-Authority, to the respondents for a term of 33 years, extendable for two successive terms of 33 years each, for construction of a swimming pool. The respondents by their letter dated 22-8-1974, accepted the offer: The allotment was confirmed on 13-5-1975, and as per conditions thereof, the respondents paid to the Authority a sum of Rs. 1,21,000 comprising the premium and other charges. They were required to submit the building plans and drawings, to the Authority within a period of four months of the confirmation of allotment but they did not abide by this condition and on 13-9-1975, applied to the Authority for the enlargement of time. The time was extended by it up to 13-12-1975. It appears that the respondents instead of submitting the plans, applied to the Authority for permission to alienate the plot to some one else. The Authority, however, under its letter dated 8-1-1976 cancelled the allotment and forefeited 10 % of the premium. The plans subsequently sent by the respondents to the Authority, were returned to them and the decision cancel­ling the allotment reaffirmed. 2. It was under these…