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.

JUDGMENT :

(ROBIN PHUKAN, J.)

Heard Mr. K.N. Balgopal, learned Advocate General, Nagaland, assisted by Ms. T. Khro, learned Additional Advocate General and Ms. M. Kechi, learned Additional Advocate General for the petitioners. Also heard Mr. A. Das, learned counsel for the respondent No. 1 and Ms. P. Chetri, learned counsel for the proforma respondent No. 2.

2. This revision petition, under Section 115 of the CPC, read with Article 227 of the Constitution of India, is directed against the order dated 29.09.2023, passed by the Principal District Judge, Dimapur, in Civil Appeal No. 25/2023.

3. It is to be noted here that vide impugned order, dated 29.09.2023, the learned Principal District Judge, Dimapur ('Appellate Court', for short) had dismissed the Civil Appeal No. 25/2023, and thereby, upheld the order, dated 22.11.2021, passed by the learned Civil Judge (Senior Division), Dimapur ('Trial Court', for short) in I.A. (Civil) No. 314/2019, arising out of Civil Suit No. 22/2019, wherein the learned Trial Court had granted temporary injunction in favour of the respondent No. 1/plaintiff, in respect of the land under Patta No. 45, Dag No. 40/100 and 117 of Dimapur Mouza No. 3 by directing the parties to maintain 'status quo' over the suit land, and not to change the nature, character and feature of the suit land or any part during the pendency of the suit.

4. The background facts, leading to filing of the present petition, are briefly stated as under: -

“The deceased husband of the respondent No. 1, Late V. Atoshe Sumi as plaintiff had instituted a civil suit, being Civil Suit No. 22/2019, against the petitioners herein, seeking following relief(s):-

(i) A decree for declaration of right and title in respect of the suit land measuring 33 bighas 2 kathas 13 lechas (44,856 square meters) covered by Patta No. 45, under Dag No. 40/100 and 117 of Mouza No. 3 Dimapur, situated at Diphupar village.

(ii) Perpetual injunction;

(iii) Cost;

(iv) Any other reliefs.

Along with the said civil suit, the respondent/plaintiff also filed an application, under Order 39 Rule 1 and 2 CPC, for granting temporary injunction.

The case of the respondent/plaintiff is that he is the beneficial, rightful owner and patta holder of a plot of land, measuring 33 bighas 2 kathas 13 lechas (44,856 square meters), situated at Diphupar village. In 1985, his father, namely, Late Viniho Sumi entered into possession of the land, by clearing the jungle. After development of the land, the same was initially used for agricultural purpose. Thereafter, other people also started living there and the father of the plaintiff also constructed houses thereon in a stretch and continued to use the vacant area for agricultural and horticultural purpose. Then considering the continuous physical occupation of the land by the respondent/plaintiff, the Additional Deputy Commissioner (ADC), Dimapur had issued temporary allotment of the land, vide order No. VLS-5/75- D/111/10646-48, dated 27.10.1993 to the respondent/plaintiff. Thereafter, the competent revenue authority had deputed a Surveyor, under LRS Office, Dimapur, to conduct survey of the land, on an application preferred by the respondent/plaintiff, for regularization of the land. Accordingly, one Surveyor had surveyed the land and submitted his report on 09.07.1996, and in the said report, it is stated that the land of the plaintiff, under Dag No. 40 of Diphupar village, falls outside the fencin