Supreme Court allotted the Land to the Metro for Nagpur Metro Rail Project
The Supreme Court, considering public need and in larger Public Interest, allotted the land in question to the Metro for Nagpur Metro Rail Project.
Background
Feeling aggrieved and dissatisfied with the judgment and order passed by the High Court of Judicature at Bombay Bench at Nagpur in Writ Petition by which the High Court has allowed the said writ petition preferred by the private respondent – original writ petitioner and has directed the appellant – Nagpur Metro Rail Corporation Limited to remove itself from the property in question and hand over the possession of the same to the original writ petitioner by holding that the action on the part of the appellant – Metro of forcibly and highhandedly entering into the premises of the appellant and forcibly securing the possession of the same is arbitrary and illegal, the original respondent – Metro has preferred the appeal.
Arguments
Senior Advocate K.V. Viswanathan, appearing for the Metro, submitted that the High Court has misinterpreted the provision of Section 39 of the Metro Railways (Construction of Works) Act, 1978 by holding that the jurisdiction of the Civil Court is barred and therefore a Civil Suit could not have been instituted.
He contended that the bar of Civil Suit will only apply in cases wherein there is adequate remedy or forum provided under the Act and not otherwise.
Senior Advocate Kapil Sibal, appearing for the respondent, submitted that there was a registered deed of lease in favour of the respondent. The respondent No. 3 transferred in favour of respondent by way of lease, the entire land in question for a period of 30 years for the purpose of constructing the hotel complex.
He further submitted that in that view of the matter, the peaceful possession of the respondent could not have been disturbed or interfered with without following the due process of law.
Decision
The division bench of Justice M.R. Shah and Justice M.M. Sundresh observed that when the appellant is allottee of the land in question pursuant to the allotment order and is in occupation and possession of the allotted land, which is being used for a public purpose, i.e., Nagpur Metro Rail Project, the appellant cannot be said to be in illegal possession. Therefore, as such, the High Court has materially erred in observing and holding that the appellant is in illegal possession and occupation of the land in question.
It was further observed that unless and until, the rights of the original writ petitioner in the land in question are established, which shall be decided in the Civil Suit which is pending, the writ petition filed by the original writ petitioner could not have been entertained by the High Court.
It was noted that if the respondent succeeds in the suit filed by him, in that case, it may claim the compensation, but unless and until its rights are crystalised in a pending suit, a public project cannot be stalled.
Case title: Nagpur Metro Rail Corporation Limited v/s Orbit Motels and Inns Private Limited, Nagpur & Ors.
Citation: Civil appeal no. 8582 of 2022
Date: 06.12.2022
