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Checking relevance for Project Director, National Highways Authority of India VS M. Hakeem...
2021 0 Supreme(SC) 368 : Under Section 20A of the Specific Relief Act, as introduced w.e.f. 01.10.2018, no injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting such injunction would cause impediment or delay in the progress or completion of the infrastructure project.Checking relevance for Ratnagiri Nagar Parishad VS Gangaram Narayan Ambekar...
2020 8 Supreme 38 : A court may not grant an injunction to prevent an infrastructure project if equally efficacious relief can be obtained through other usual modes of proceeding, such as making representations to the appropriate authority during the statutory permission process or appealing before the National Green Tribunal (NGT). This is explicitly prohibited under Section 41(h) of the Specific Relief Act, 1963, which states that an injunction cannot be granted when equally efficacious relief is available through other legal avenues, except in cases of breach of trust. Additionally, an injunction cannot be granted on the ground of nuisance unless it is reasonably clear that the act will constitute a nuisance. In this case, the proposed Solid Waste Disposal Project was not shown to be a clear nuisance, and the plaintiffs failed to discharge their burden of proof, thus justifying the dismissal of the suit for permanent injunction.Checking relevance for N. G. Projects Limited VS Vinod Kumar Jain...
2022 4 Supreme 177 : Courts should refrain from granting injunctions in infrastructure projects, as such interference leads to additional costs on the State and is against public interest. The High Court would have been well advised to hold its hand and not stay the construction of an infrastructure project, keeping in view the legislature''''s intent that infrastructure projects should not be stayed. Even if there is total arbitrariness or malafide in the tender process, the Court should not interfere with the grant of the tender but instead direct the parties to seek damages for wrongful exclusion rather than injunct execution of the contract.Checking relevance for Bangalore Mysore Infrastructure Corridor Area Planning Authority VS Nandi Infrastructure Corridor Enterprise Limited...
Checking relevance for Ram Kripal Singh Constructions Pvt. Ltd. vs Indian Oil Corporation Ltd....
Ram Kripal Singh Constructions Pvt. Ltd. vs Indian Oil Corporation Ltd. - Delhi (2022)
: Under Section 20A of the Specific Relief Act, 1963, no injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting such injunction would cause impediment or delay in the progress or completion of the project. The refinery project in question is classified as an infrastructure project under Category-Energy (serial no. 2), and therefore, an injunction cannot be granted if it would delay the project''''s completion. The appropriate remedy for wrongful termination in such cases is damages, not specific performance or injunctive relief.Checking relevance for Khilari Infrastructure Pvt. Ltd. VS State of Maharashtra...Khilari Infrastructure Pvt. Ltd. VS State of Maharashtra - Bombay (2022)
: The court held that a writ court should refrain from interfering with the grant of a tender for an infrastructure project, even if there is a challenge to the process, because such interference would cause loss to public interest. The Hon''''ble Supreme Court emphasized that infrastructure projects should not be stayed, and courts should not grant interim injunctions that derail public service projects. The court noted that granting an injunction would cause additional costs to the State and deprive citizens of essential infrastructure, and that the State and its citizens suffer twice—first by paying escalation costs and second by being deprived of infrastructure. Therefore, courts should be reluctant to interfere with contracts involving technical issues and should not impose their decision over the employer’s evaluation of bids unless there is total arbitrariness or malafide intent. In such cases, the remedy lies in seeking damages rather than injunction.
