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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 (through its Electricity Board) appealed against a High Court order granting status quo on construction of an electricity sub-station. The respondents—heirs of a deceased woman who had purchased land decades earlier—sought to stop construction, claiming possession. However, the trial courts had previously found that the respondent's predecessor-in-title had failed to establish legal title to the property. The Court held that without a prima facie case on title or possession, interim injunction should not be granted. The balance of convenience favoured the Electricity Board, as the completed sub-station would provide electricity to over 100,000 people. The Supreme Court allowed the appeal, vacated the status quo, and restored the trial courts' orders refusing injunction. Any compensation could be sought later under the Electricity Act.

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Land Law Injunction Possession Title Interim Relief Public Interest Administrative Law

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