NDLI: Century Rayon Limited Vs. Ivp Limited and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Interim order Balance of convenience Injunction Electricity Laws Transmission of electricity
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Telegraph Act, 1885 (13 of 1885) Electricity Act, 2003 (36 of 2003)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Injunction – Interim order – Balance of convenience – Relevant / important considerations – First respondent-company, owner of land in question, filed suit for permanent injunction contending that contractors appointed by second respondent-State Electricity Distribution Company (MSEDC) were excavating its land for construction of electricity transmission towers without prior approval – The electricity transmission towers were being constructed pursuant to sanction given by MSEDC on an application made by the appellant – Trial court and first appellate court restrained appellant and second respondent by way of temporary injunction from “making holes for erecting poles on any part of the suit lands without following due process of law” – Order affirmed by High Court – On appeal, held: On facts, appellant had subsequently obtained the necessary permission for erection of the towers and setting up transmission line subject to payment of compensation to first respondent in terms of s.16(1) to s.16(4) r/w s.10 of the Telegraph Act – Also, as a matter of fact the electricity transmission towers on the land of first respondent were already constructed – Therefore, and in a way, MSEDC was already using the land of first respondent – Further, 80% of the work of laying the electricity transmission lines was already over and at that stage, passing of an interim injunction to stall the setting up and activation of the transmission lines was not justified in larger public interest – Balance of convenience did not justify passing of an interim injunction order in favour of first respondent – Continuation of injunction not warranted and justified in law – Adequate remedy would be to set aside the impugned order of High Court as also the injunction order subject to appellant making an ad hoc payment of Rs. 20,00,000/- with such payment being subject to outcome of the civil suit or the proceedings under the Telegraph Act for quantifying the compensation payable to first respondent – Indian Telegraph Act, 1885 – ss.10 and 16 – Electricity Act, 2003 – s.164.Electricity Laws – Transmission of electricity – Use of land belonging to third party for setting up of electricity transmission lines – Imperative need for unobstructed access for laying down the electricity transmission lines in the larger public interest as these are essential requirements for growth and development of the country, economy and well-being of citizens – Indian Telegraph Act, 1885 – ss. 10 and 16 – Electricity Act, 2003 – s.164.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2019 INSC 1288
Petitioner	Century Rayon Limited
Respondent	Ivp Limited And Others
SCR	[2019] 18 S.C.R. 1116
Judgement Date	2019-11-27
Case Number	9063

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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Century Rayon Limited Vs. Ivp Limited and Others

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