LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS. versus UNION OF INDIA AND ORS.

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS. versus UNION OF INDIA AND ORS.

Since both the Single Judge and the Division Bench of the High Court refused to grant injunction, and injunction is discretionary, it is not expedient for the Supreme Court to interfere under Article 136.

Source-derived case information.

Parties
Appellant: Lumbini Nagar Co-op. Housing Society Ltd.; Respondent: Union of India; Appellant: Ms. Reema Bhandari; Appellant: M.N. Shroff; Respondent: AS. Rawat; Respondent: D.S. Mehra; Respondent: Ms. Sushma Suri; Respondent: Ms. Binu Tamta
Jurisdiction
India
Judgment Date
17 August 1995
Procedural Posture
Civil Appeal / Supreme Court Disposition After Special Leave Appeal
Outcome
Appeal disposed of
Legal Topics
Injunctions, Eviction From Public Premises, Discretionary Judicial Orders
Constitutional Law Property Law Injunctions Eviction From Public Premises Discretionary Judicial Orders

Source-derived case record

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Parties

Lumbini Nagar Co-op. Housing Society Ltd.

Appellant

Union of India

Respondent

Ms. Reema Bhandari

Appellant

M.N. Shroff

Appellant

AS. Rawat

Respondent

D.S. Mehra

Respondent

Ms. Sushma Suri

Respondent

Ms. Binu Tamta

Respondent

Procedural Posture

Civil Appeal / Supreme Court Disposition After Special Leave Appeal

Legal Issues

  1. 1 Whether interim injunction should be granted to allottees facing eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971
  2. 2 Whether action can be taken against persons other than the nine allottees who parted with possession

Ratio Decidendi

Since both the Single Judge and the Division Bench of the High Court refused to grant injunction, and injunction is discretionary, it is not expedient for the Supreme Court to interfere under Article 136.

Court Disposition

Appeal disposed of

Orders

  • No costs
  • No action to be taken against persons other than the nine allottees said to have parted with their right to remain in possession of their respective tenaments