Case Note & Summary
The High Court allowed a Writ Petition under Article 227 of Constitution of India, quashing an appellate court order that granted temporary injunction in a land acquisition dispute. The Petitioners challenged the order, arguing that the suit premises had been acquired for road widening, and the Respondent had handed over possession and accepted shifting charges. The Court examined documents under Land Acquisition Act, 1894, including a notice, award, and receipt, concluding that the Respondent was not in possession. The appellate court had relied on rent receipts for a prima facie possession finding, but the High Court held this was erroneous as material facts of acquisition and possession transfer were ignored. The Impugned Order was set aside, and the Trial Court's dismissal of the injunction application was upheld.
Headnote
The High Court of Judicature at Bombay, in its civil appellate jurisdiction, heard a Writ Petition under Article 227 of Constitution of India challenging an order dated 5th July 2025 passed by District Judge-16, Pune in Misc. Civil Appeal No. 248 of 2023 -- The Impugned Order allowed the appeal and granted temporary injunction restraining defendants from taking possession of suit premises without due process of law -- The Trial Court had dismissed Exhibit 5 Application for injunction in Civil Suit No. 138 of 2023 on 30th June 2023 -- Petitioners argued that suit premises were acquired for road widening by Pimpri Chinchwad Municipal Corporation, and Respondent had handed over possession and accepted shifting charges -- Respondent contended that only part of land was acquired and they remained in possession -- Court examined documents including notice under Section 9 of Land Acquisition Act, 1894 dated 7th May 2004, award dated 15th April 2006, receipt dated 27th July 2007 for Rs. 5,000/- shifting charges, and application dated 4th January 2007 stating possession given on 25th May 2006 -- Held that factual aspects clearly showed Respondent was not in possession of suit premises -- Appellate Court relied on rent receipts for prima facie possession finding, but Court found this presumption subordinate to acquisition evidence -- Impugned Order set aside as passed without considering material facts -- Writ Petition allowed
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Issue of Consideration: The Issue of whether the appellate court erred in granting temporary injunction by ignoring material facts regarding land acquisition and possession transfer under Land Acquisition Act, 1894
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Final Decision
Writ Petition allowed, Impugned Order dated 5th July 2025 set aside, Trial Court order dated 30th June 2023 dismissing injunction application upheld
