Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public property – Termination of lease |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public property – Termination of lease – Allotment for public need and larger public interest – In the instant case, private respondent was the sub-lessee of the Tourism Corporation, who was the lessee of the Public Works Department of the State of Maharashtra – The lease was subject to the right of requisition and consequent termination of the lease by the State of Maharashtra, in case, land in question was required for public purpose, without any right to the Tourism Corporation as well as the lessee to challenge such intention of the Government of Maharashtra – The Tourism Corporation terminated the lease granted to the respondent – Thereafter the lease granted to the Tourism Corporation was terminated in pursuance of the order of the State citing public interest involving Nagpur Metro Rail Project and the allotment was made to appellant-Nagpur Metro Rail Corporation – The private respondent (sub-lessee) challenged the termination of lease before the High Court – High Court allowed the writ petition holding that appellant took over the possession forcibly and highhandedly by entering into the premises and, therefore, the same was arbitrary and illegal – Hence instant appeal – Held: Pursuant to the order of the State, the appellant was given occupation and possession of the land in question, and the allotment order itself was not challenged, therefore, the appellant cannot be said to be in illegal possession – Also the lease granted to the respondent was terminated and the fact of said termination is in question in a civil suit (pending) and hence his right is not clear – Further the allotment to the Corporation was made considering the public need and larger public interest and since the same was not challenged hence High Court erred in allowing the petition. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1256 |
Petitioner | Nagpur Metro Rail Corporation Limited |
Respondent | Orbit Motels And Inns Private Limited, Nagpur & Ors. |
SCR | [2022] 16 S.C.R. 650 |
Judgement Date | 2022-12-06 |
Case Number | 8582 |
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