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SC to hear an appeal filed by UltraTech Cement against the judgment of the Chattisgarh High Court.

By Lawstreet News Network      May 26, 2022      0 Comments      983 Views

Supreme Court to hear an appeal filed by Ultra Tech Cement against the judgment of the Chattisgarh High Court.

Singhvi: This is an extraordinary matter.

Narasimha J: The writ petition led to the passing of the status quo order. The vacation of status quo (challenge to the single bench) order should have gone to a division bench.

Singhvi reads from the petition.

Narasimha J: On the merits of the matter, if there is any infrastructure made by the entity, it should not go waste. This is a bigger question. The question of merit is whether the division bench took up the interim or disposed of the main writ?

Singhvi: How can a policy of 2020 take away my contractual rights?

Sundaram: Whether or not my project can continue in the light of these facts. I know, milords want me to stay on the interim. Let me read something from the file.

Narasimha J: The problem today is what happens to the writ petition. Don't go on the merits.

Sundaram: The answer is on page 27. The division bench said that the learned single judge is required to consider the matter expeditiously on 30th June.

Narasimha J: After this is decided by us, then what remains for you in the writ petition?

Sundaram: Later when I start using the track (which comes from their property), then can I use their property? The railway track will be common to both of us.

Sundaram: The land which is being used is mine. But later when the railway track starts operating, then to complete my project, I will need access to their land/property.

Sundaram: On my land, in my factory, a siding has to be built. The railway track from my factory will join the main railway track. Only construction work is done from my property only. But till all this is not done, there shall not be any injunction on me to not use their land.

Singhvi: I need not have filed the writ. So long as my friend makes a hive-off, I don't hv any problem. But he should not connect off the siding. Today what are we arguing about? Nothing. Let us say it is decided in 2 weeks. Then, he will have a problem? Let's not fudge anything.

Singhvi shows a map

Singhvi: For the 17 km, it is my land, my property. Their land starts from the railway crossing.

Singhvi: The ld. single judge will decide within a time-bound manner.

Bench: Which is the portion in the impugned order which is over arching?

Singhvi: After para 17, all paras. I will suggest - let milords not decide anything and let it be decided within two weeks.

Bench: There is no interim order which is operating, the stay has been vacated. Once it is vacating, what can be done?

Singhvi: That vacating order has been restored by 16.11.21 order. The interim is restored. Now, whose balance of convenience?

Singhvi: The balance is convenience is waived off by the division bench impugned order. The page read out by Mr. Sundaram already makes the arguments in my favour.

Narasimha J: We will hear you both, and we will issue notice. You maintain status quo. We will ask a single judge to decide the matter.

Sundaram: Please hear me.

Sundaram: The question of using the land cannot exist. I am using my own land milords.

Bench: Mr Sundaram please wait, at this stage, we cannot do that. Now, we can only protect the interest of both parties, like maintain the status quo.

Order: Issue notice, parties are directed to maintain the status quo for the period of 4 weeks. Meanwhile we request the single judge to take up the matter and dispose of the matter within 4 weeks. List immediately in the second week of July.

Narasimha J: We will make it six weeks due to the vacation.

UltraTech CementSupreme Court of IndiaChattisgarh High Court
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