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Supreme Court of India 2019-01-03 allowed

THE STATE OF JHARKHAND DEPARTMENT OF ENERGY THROUGH ITS LAW OFFICER vs SURENDRA KUMAR SRIVASTAVA

Bench: 2 — Ashok Bhushan, Indu Malhotra

In Brief

The State of Jharkhand and the Jharkhand State Electricity Board appealed the High Court's order directing status quo on construction of an electricity sub-station on disputed land. The respondents claimed possession via their deceased mother's unregistered sale deeds. The Supreme Court held that because an earlier appellate judgment had finally determined the mother had failed to establish title (and this was never challenged), the respondents lacked a prima facie case for injunction. Further, they failed to identify the specific area allegedly in their possession. The Court prioritized public interest—the sub-station would supply electricity to approximately 1 lakh people—and noted that statutory compensation under the Electricity Act adequately protected any future claims. The appeal was allowed, status quo was vacated, and the construction could be completed.

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Interim Relief Injunction Property Rights Electricity Act Public Interest Civil Procedure Writ Jurisdiction

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