A bench of Circuits MR Shah and MM Sundresh has underlined that the High Court should not entertain the petition filed by the firm in view of the fact that there is ‘doubt’ regarding the sole title to the plot.
The company challenged the Milliat Nagpur Metro Rail Corporation in the High Court on the basis of a warrant dated August 25, 2015 by the District Magistrate.
The court said that unless the subtleties of the conspiracy become clear in the cheating plea, a public scheme cannot be stalled in this manner.
The top court noted that the District Magistrate had in August 2015 given 9,343 square meters of land to the Metro Corporation located in Nagpur district.
Initially, in July 1995, the land was given to the company by the Maharashtra Tourism Corporation for a by-election for 30 years and stipulated that the state could cancel the election for a public purpose.
The bench noted that in the year 2002, the tourism corporation canceled the selection in July 1995, following which the firm filed a claim against the corporation.
The court said that the High Court has committed an ‘error’ in declaring the occupation of the land by the Metro Corporation as illegal. Therefore, the writ petition of the original plaintiff cannot be entertained by the High Court, unless the title of the original plaintiff (farm) over the concerned plot is proved, which will be decided by way of a civil suit.”
Allowing the appeal of the Nagpur Metro Rail Corporation Limited, the court said, “The order passed by the existing CBSE will not be applicable.”
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(This news has not been edited by ANDITV team. It is published directly from the syndicate.)
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