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Supreme Court of India 2018-11-28 disposed

Union of India vs Nareshkumar Badrikumar Jagad & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

Union of India sought review of a 2011 Supreme Court judgment affirming the eviction of the National Textile Corporation (NTC) from property held by a charitable trust. After the Validation Act 2014 amended the Textile Undertakings (Nationalisation) Act 1995 with retrospective effect, the Court held that statutory tenancy rights had vested in the Central Government, making the decree against NTC unenforceable. The Court clarified that 'leasehold rights' includes tenancy rights under rent legislation, and that a third party aggrieved by a judgment may file review. The Court disposed of the review and contempt petitions, directing the Trust to pursue remedies against the Union of India under applicable rent legislation, and keeping open the possibility of revival if the Validation Act's validity is challenged."

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Landlord and Tenant Rent Control Statutory Tenancy Nationalisation of Undertakings Review Jurisdiction Retrospective Legislation Leasehold Rights Contempt of Court

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