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J. B. PARDIWALA, R. MAHADEVAN
Estate Officer, Haryana Urban Development Authority – Appellant
Versus
Nirmala Devi – Respondent
This judgment provides a detailed explanation of the concept of mandatory injunction under Section 39 of the Specific Relief Act, 1963. It states that a mandatory injunction is a discretionary remedy that compels the performance of specific acts to prevent a breach of obligation or to enforce a duty enforceable by law (!) (!) .
The court emphasizes that for a mandatory injunction to be granted, certain conditions must be satisfied: there must be a clear obligation, a breach or imminent breach of that obligation, necessity to perform specific acts, the enforceability of those acts by the court, and the presence of a balance of convenience and irreparable injury in favor of the applicant (!) .
Furthermore, it elaborates that the obligation must be a legal duty, and the breach must be established with cogent evidence. The court also highlights that the grant of such an injunction is a matter of judicial discretion and should only be issued when the four conditions—obligation, breach, necessity, and enforceability—are met (!) (!) .
The judgment clarifies that the scope of Section 39 includes cases where the breach of an obligation needs to be prevented or rectified, and the acts to be performed are capable of enforcement by the court. It underscores that the relief is in the nature of an order in specie, aimed at the exact performance of the obligation, and not merely a direction to do something beneficial or desirable (!) (!) .
In summary, the judgment states that a mandatory injunction is an extraordinary, discretionary remedy that requires strict satisfaction of specific legal conditions, primarily the existence of a clear, enforceable obligation, a breach or threat thereof, and the necessity and practicability of court-ordered performance of acts to prevent or rectify the breach.
| Table of Content |
|---|
| 1. introduction and overview of litigation history (Para 1 , 3 , 6) |
| 2. court's key observations regarding policies and application procedures. (Para 2 , 41 , 78) |
| 3. policy background and application requirements (Para 4 , 5 , 11) |
| 4. arguments presented by appellants regarding application and entitlement. (Para 12 , 23 , 24 , 25) |
| 5. respondents arguments asserting their entitlement to the policy of 1992. (Para 32 , 33 , 36) |
| 6. precedential value of brij mohan decision (Para 44 , 46) |
| 7. conditions for granting mandatory injunction under section 39 (Para 70 , 79 , 80) |
| 8. final directives for plot allotment (Para 95 , 96) |
JUDGMENT :
J. B. PARDIWALA, J.:
For the convenience of exposition, this judgment is divided in the following parts: -
| INDEX |
| A. HISTORY OF THE LITIGATION |
| i. Few Salient Features of the Policy of 1992 |
| ii. Institution of the Suits under Section 39 of the SPECIFIC RELIEF ACT , 1963 for seeking Mandatory Injunction for Enforcement of The Policy |
| iii. Impugned Judgment of the High Court |
| iv. Filing of the Special Leave Petitions before this Court |
| B. SUBMISSIONS OF THE PARTIES |
| i. Submissions on behalf of the Appellants |
| ii. Subm |
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