In a significant decision by the Supreme Court of India, the case of land dispute between Indian Oil Corporation Ltd. and the property holders in Kolkata has been resolved. The judgement lays down clear directives for the handover of the disputed property at holding No.57, 58, Premises No.281. Find out more about this legal matter that culminated in the Supreme Court’s decision.
Facts
- The issue in the present Special Leave Petition is regarding the eviction of the respondents from the property they possess in Kolkata.
- The property in question is located at holding No.57, 58, Premises No.281, Ward No.20, South Dum Dum Municipality, Kolkata – 700 089, measuring an area of 6 Cottach and 43 sq. ft.
- The writ petition filed by the petitioners in the High Court sought a direction for the respondents to vacate and hand over vacant possession of the mentioned property.
- The High Court had allowed the writ petitioners to proceed to the appropriate forum as the case involved disputed questions of fact which could not be resolved in writ jurisdiction.
- In response, the petitioners filed a Special Leave Petition before the High Court challenging the order.
- The Indian Oil Corporation Ltd./respondents then filed an intra-court appeal against the same.
Also Read: Landlord vs. Contemnor: Supreme Court Judgment on Non-Compliance with Court Orders
Analysis
- The issue of maintainability of the writ petition was not examined
- The matter was disposed of due to consensus of the parties
Also Read: Judgment in the Case of ICAR vs. Technical Service Employees: Distinction in Pay Scale Benefits
Decision
- The respondent (I.O.C.) is directed to hand over vacant physical possession of the property to the petitioners by 31.03.2025.
- The petitioners have waived their right to recover lease rent/mesne profit for past and future until 31.03.2025 or until possession is handed over, whichever is earlier.
- Contempt proceedings can be initiated by petitioners if directions are not complied with.
- Cheques or negotiable instruments in possession of petitioners must be returned to the respondents.
- Both parties will have no pending rights against each other if terms are complied with.
- Amounts deposit in court will be refunded to the respondents.
- Cheques issued by respondents in favor of petitioners will also be returned.
Also Read: Landmark Judgement: Dealership Agreement Termination and Natural Justice
Case Title: SIKHA GHOSH Vs. INDIAN OIL CORPORATION LTD (2024 INSC 697)
Case Number: SLP(C) No.-025782 – 2023
