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Supreme Court of India 2019-01-03 allowed

State of Jharkhand vs Surendra Kumar Srivastava & Ors

Bench: 2 — Indu Malhotra

In Brief

The State of Jharkhand and the Electricity Board appealed a High Court order directing status quo on construction of an electricity sub-station. The respondents' mother had bought land and obtained a decree confirming possession, but failed to establish title in subsequent appeals. After she died, her heirs sought to enjoin construction of the sub-station on the land. The Supreme Court held that without established title and failing to demarcate the specific disputed area, the respondents could not make out a prima facie case for interim relief. The public interest in supplying electricity to approximately 100,000 people outweighed the unsubstantiated possession claim. The Court restored the lower courts' refusal of injunction, allowing the completed sub-station to be energised, while preserving the respondents' right to seek compensation if they ultimately prove title.

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Interim Relief Civil Procedure Property Law Public Interest Electricity Act Title and Possession Interim Injunction Writ Jurisdiction

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