Vakil Help Desk News: the Allahabad High Court has held that NOIDA is a 'State' under Article 12 of the Constitution but not a 'Government' under Section 80 of the Civil Procedure Code, so the two-month prior notice is not required before suing it.
Vakil Help Desk News, Litigation & Courts. The Allahabad High Court has clarified a useful procedural point: NOIDA is a ‘State’ under Article 12 of the Constitution, but it is not a ‘Government’ under Section 80 of the Civil Procedure Code — so a litigant does not need to give the usual prior notice before suing it.
The principle, in plain words
Section 80 CPC normally requires a person to give two months' written notice before filing a civil suit against the government. But ‘State’ under Article 12 (which decides who is bound by fundamental rights) is a wider idea than ‘Government’ under Section 80. A statutory authority like NOIDA can be ‘State’ for fundamental-rights purposes while not being the ‘Government’ that Section 80 protects — so the two-month notice is not a pre-condition to suing it.
What this means for you
You can sue a statutory authority like NOIDA without first serving the two-month notice that Section 80 CPC requires for suits against the government — a point that can save a case from being dismissed on a technicality. We advise on civil suits against statutory authorities and public bodies.