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M. R. SHAH, M. M. SUNDRESH
Nagpur Metro Rail Corporation Limited – Appellant
Versus
Orbit Motels and Inns Private Limited, Nagpur – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay Bench at Nagpur in Writ Petition (C) No. 6581 of 2015 by which the High Court has allowed the said writ petition preferred by the private respondent herein – original writ petitioner and has directed the appellant – Nagpur Metro Rail Corporation Limited (hereinafter referred to as “Metro”) 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 No. 1 – Metro has preferred the present appeal.
2. Area admeasuring 9343 square meters, bearing Survey No. 169, City Survey No. 1864 of Mouza Sitabuldi, District Nagpur was owned by the Public Works Department of the State of Maharashtra. A lease was executed in favour of the Maharashtra Tourism Development Corporation Limited (hereinafter referred to as “Tourism Corporation”) with respect to the subject
Termination of lease and possession of land for Metro Rail Project – When appellant is allottee of land in question pursuant to allotment order and is in occupation and possession of allotted land wh....
The court determined that disputes regarding property rights from lease agreements are best resolved in civil courts, reaffirming that public interest considerations can justify governmental actions ....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
Competency of a local authority to transfer land rights and execute lease deeds under relevant state acts.
The main legal point established in the judgment is that the authorities under the Public Premises (Eviction of Unauthorised Occupations) Act, 1971, are not empowered to decide complicated questions ....
The central legal point established in the judgment is the interpretation and application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and R....
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