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Civil · Reportable judgment

Century Rayon Limited vs Ivp Limited and Others

Court
Supreme Court of India
Date
27 November 2019
Case No.
Civil Appeal No. 9063 of 2019
Result
Allowed
Bench
N.V. Ramana, Sanjiv Khanna, Krishna Murari
Citation
[2019] 18 S.C.R. 1116 : 2019 INSC 1288
Supreme Court Reports [2019] 18 S.C.R. 1116 : 2019 INSC 1288
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.

Read the full headnote (3 more paragraphs)

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.

Power Grid Corporation of India Limited v. Century Textiles and Industries Limited and Others (2017) 5 SCC

143 : [2016] 11 SCR 41 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by SANJIV KHANNA, J. 1. Leave granted. 2. The first respondent – IVP Limited is a company and owner of the non-agricultural land at village Vadavali bearing S. No. 43/32 admeasuring about 20 R Pot Kharaba 1 R and at village Mohane bearing S. No. 42/12 admeasuring about 22R 30P and S. No. 44/2 admeasuring about 50 R Pot Kharaba 3R. The first respondent has filed a suit for permanent injunction with a grievance that the Maharashtra State Electricity Distribution Company Limited (‘MSEDC’ for short), the second respondent before us, had appointed contract
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