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Supreme Court of India 2022-12-06 allowed

Nagpur Metro Rail Corporation Limited vs Orbit Motels and Inns Private Limited Nagpur & Ors

Bench: 2 — M.R. Shah, M.M. Sundresh

In Brief

The Nagpur Metro Rail Corporation sought possession of land previously leased to a private hotel operator. When the lessee's lease was terminated in 2002, the lessee sued to challenge the termination. In 2015, while that suit remained pending, the State allotted the land to the Metro for the public project. The lessee filed a writ petition claiming illegal dispossession. The High Court allowed the petition and ordered the Metro to hand over possession. The Supreme Court reversed, holding that since the lessee's title was disputed and dependent on a pending civil suit, the writ petition was not maintainable. The Metro, having been legally allotted the land for a public purpose, was not in illegal possession. The Court dismissed the writ petition and allowed the civil suit to proceed separately.

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Constitutional Law - Article 226 Writ Petitions Land Acquisition Public Purpose Lessee Rights Lease Termination Possession Metro Projects Administrative Law

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