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PRATEEK JALAN
Nbcc (India) Limited – Appellant
Versus
Dakshin Haryana Bijli Vitran Nigam – Respondent
JUDGMENT
Prateek Jalan, J.
1. The petitioner has approached this Court under Article 226 of the Constitution of India for the following reliefs:
"(a) to issue a writ of certiorari or any other suitable writ(s)/order(s)/direction(s) to quash and set aside the Letter dated 01.06.2022 issued by Respondent No. 2;
(b) to issue a writ of mandamus or any other suitable writ(s)/order(s)/direction(s) to direct Respondent No. 2 to provide electrification through the 33KV Switching Station at Sector 95, Gurugram, Haryana, situated at Respondent no.3's land to Petitioner's project, NBCC Heights, at Sector 89, Gurugram, Haryana; and
(c) to pass such other orders, or grant such other reliefs, as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
2. The petitioner is a Public Sector Undertaking, whose head office is situated in New Delhi. However, as the writ petition pertains to a project of the petitioner located in Gurugram, Haryana, notice was issued by an order dated 13.01.2023 on the limited aspect of territorial jurisdiction of this Court. By this judgment, I propose to deal with this aspect of the matter.
A. Factual background and pleadings in the writ peti
The main legal point established in the judgment is the application of the doctrine of forum conveniens in determining the territorial jurisdiction of the High Court under Article 226 of the Constitu....
The main legal point established in the judgment is that the court's territorial jurisdiction is determined by the location of the cause of action, and internal correspondence between zonal offices a....
The doctrine of forum conveniens limits jurisdiction under Article 226, emphasizing that a court should not entertain cases where a more appropriate forum exists, regardless of where a part of the ca....
The court ruled that the High Court lacks jurisdiction to entertain writ petitions when the integral part of the cause of action arises outside its territorial limits, despite minor connections to th....
The court applied the doctrine of forum conveniens to decline to entertain the petition, holding that the appropriate forum to consider the challenge raised in the petition would be the Gujarat High ....
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
High Court's jurisdiction to entertain a writ petition under Article 226 is contingent upon the presence of a cause of action within its territorial limits, as clarified by recent rulings.
The court declined to entertain the writ petition invoking the doctrine of forum conveniens, holding that the appropriate forum to consider the challenge to the NGT's orders would be the Gujarat High....
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