THE STATE OF JHARKHAND versus SURENDRA KUMAR SRIVASTAVA & ORS.

THE STATE OF JHARKHAND versus SURENDRA KUMAR SRIVASTAVA & ORS.

Respondents failed to establish prima facie title or possession over the specific area of land on which the electricity sub-station was constructed; the balance of convenience overwhelmingly favours completion and energisation of the facility in public interest, and any damages to the respondents, should their title ultimately be established, are compensable monetarily under electricity law. Therefore, the High Court's order of status quo must be vacated and the orders denying injunction restored.

Parties
Appellant: The State of Jharkhand; Respondents: Surendra Kumar Srivastava & Ors.
Jurisdiction
India
Judgment Date
03 January 2019
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Jharkhand in Writ Petition (c) No. 2081 of 2015
Outcome
Appeals allowed; High Court judgment set aside; orders of trial and appellate court refusing injunction restored.
Legal Topics
Temporary Injunction, Title and Possession Disputes, Public Interest in Utility Services, Compensation Under Electricity Act
Civil Procedure Property Law Electricity Law Temporary Injunction Title and Possession Disputes Public Interest in Utility Services Compensation Under Electricity Act

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Parties

The State of Jharkhand

Appellant

Surendra Kumar Srivastava & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court of Jharkhand in Writ Petition (c) No. 2081 of 2015

Legal Issues

  1. 1 Whether the High Court erred in granting status quo regarding the suit property during pendency of the Title Suit when the plaintiffs/respondents failed to establish title or possession
  2. 2 Whether balance of convenience justified interim injunction against completion/energisation of an electricity sub-station constructed on disputed land

Ratio Decidendi

Respondents failed to establish prima facie title or possession over the specific area of land on which the electricity sub-station was constructed; the balance of convenience overwhelmingly favours completion and energisation of the facility in public interest, and any damages to the respondents, should their title ultimately be established, are compensable monetarily under electricity law. Therefore, the High Court's order of status quo must be vacated and the orders denying injunction restored.

Court Disposition

Appeals allowed; High Court judgment set aside; orders of trial and appellate court refusing injunction restored.

Orders

  • Impugned judgment ordering status quo with respect to suit property till final disposal of the Title Suit is vacated.
  • Pending applications disposed of accordingly.