Case Note & Summary
The case involves two appeals filed by the Goa Industrial Development Corporation (GIDC) and the Corlim Industrial Estate Industries Association against an order of the Civil Judge, Senior Division, Panaji, granting temporary injunction in favor of M/s. Sadhana Builders Pvt. Ltd. The respondent had taken a plot on lease from GIDC for a period of 30 years. The respondent constructed a building on the plot. After the lease expired, GIDC and the association sought to demolish the structures. The respondent filed a suit for injunction. The trial court granted temporary injunction restraining the appellants from demolishing the structures. The High Court upheld the injunction, holding that the lessee had a right to enjoy the property and make constructions, and that demolition without notice violated natural justice. The appeals were dismissed.
Headnote
A) Property Law - Lease - Right to Construct - The lessee's right to enjoy the leased property includes the right to make constructions, subject to the terms of the lease deed. The court held that the lease deed did not prohibit the lessee from making constructions, and therefore, the lessee had a right to maintain the suit for injunction against demolition. (Paras 10-15) B) Civil Procedure - Injunction - Prima Facie Case - The court held that the respondent had made out a prima facie case for grant of injunction as the appellants sought to demolish the structures without giving any notice or following due process of law. The balance of convenience was in favor of the respondent. (Paras 16-20) C) Natural Justice - Right to Hearing - Demolition of structures without notice violates principles of natural justice. The court held that even if the lease had expired, the lessee was entitled to a hearing before being dispossessed. (Paras 21-25)
Issue of Consideration
Whether the appellants were entitled to demolish the structures of the respondent without following due process of law and whether the respondent had a right to maintain the suit for injunction.
Final Decision
Both appeals are dismissed. The order of the trial court granting temporary injunction is upheld.
Law Points
- Right to enjoy property includes right to make constructions subject to lease terms
- Demolition without notice violates principles of natural justice
- Lease deed terms must be strictly construed
- Injunction can be granted to protect possession even if lease has expired
