Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit Road Transport Corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit - For permanent injunction by Road Transport Corporation - Seeking restraint against defendant - Panchayat from constructing shops on the land owned by another agency of Government - Defendant stating the construction to be for welfare of public and being sanctioned by Zilla Parishad - Suit decreed - First appellate court setting aside decree on the ground that the plaintiff had no locus standi to maintain the suit as the suit land did not belong to it, and that suit was required to be filed u/s. 92 CPC - High Court decreed the suit - On appeal, held: The suit was maintainable by the plaintiff - Filing of suit in terms of s. 92 CPC not required - Code of Civil Procedure, 1908 - s. 92. A suit seeking mandatory injunction and perpetual injunction was filed by respondent-Road Transport Corporation, against appellant- Mandal Panchayat. It was alleged that the. respondent was constructing shops on the land maintained by PWD, behind which it was running the bus stand and in the middle portion whereof, the road owned by PWD was used for egress and ingress of passengers.There also existed wicket gate for the safety of passengers. Appellant-defendants stated that the wicket gate was not in use; that the shops were being constructed for the welfare of the public under Jawahar Rozgar Yojna; and that the construction was after approval of Chief Secretary, Zilla Parishad. Trial Court decreed the suit. First appellate court set aside the decree holding that the construction was for public purpose after approval; and that the respondent had no locus standi to maintain the suit as the land in dispute belonged to PWD. It opined that the suit was required to be filed u/s. 92 CPC. High Court, in second appeal decreed the suit setting aside order of first appellate court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 519 |
Petitioner | Mandal Panchayath Hunsagi |
Respondent | North Eastern K.r.t.c. |
SCR | [2009] 6 S.C.R. 353 |
Judgement Date | 2009-04-15 |
Case Number | 2554 |
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