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SACHIN SHANKAR MAGADUM
Serentica Renewables India Private Limited – Appellant
Versus
Basappa S/o. Yamanurappa – Respondent
ORDER :
Captioned petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, M/s. Serentica Renewables India Private Limited. The petitioner is challenging the legality and validity of the suit registered as O.S.No.77/2024, pending before the Additional Civil Judge and JMFC, Ron. The petitioner claims that the suit, which pertains to a dispute over an infrastructure project is not maintainable before civil Court and lacks jurisdiction, and thus has sought a writ of certiorari to quash the proceedings and the interim order dated 14.03.2024.
2. The facts leading to the case are as under:
The respondent/plaintiff, Sri. Basappa, an agriculturist from Hosahalli, Rona Taluk, Gadag District, has filed a suit seeking an injunction against the petitioner to halt the development of a wind power project. Despite strong opposition from the petitioner, the trial court granted an interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC). The petitioner contended that the trial Court's decision is erroneous and in violation of the Specific Relief Act, 1963, as amended by the Specific Relief (Amendment) Act, 2018.
3. The crux of the petit
Disputes involving infrastructure projects must be adjudicated by designated Special Courts, as per the Specific Relief Act, 1963, and its 2018 amendment.
The court held that the petitioners failed to establish a prima facie case for an interim injunction, emphasizing the balance between property rights and public interest in infrastructure projects.
Point of Law : There is a delay in execution of project due to such proceedings initiated by him/it, he/they may be saddled with damages caused for delay in execution of such projects, which may be d....
Injunctions under the Specific Relief Act cannot be granted if they impede infrastructure projects, especially when the party lacks ownership or lease rights to the property in question.
The amendment to Section 41(ha) of the Specific Relief Act bars injunctions against infrastructure projects, emphasizing public interest over private claims in land disputes.
A plaintiff must establish a prima facie case, balance of convenience, and irreparable loss to warrant a temporary injunction, and courts cannot grant relief beyond what is sought in pleadings.
The main legal point established in the judgment is that the jurisdiction of the Civil Court is expressly barred under Sec. 145 of the Electricity Act, 2003, from granting any injunction in respect o....
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