Bombay High Court Goa grants injunction preventing interference in construction work
Title: Goa University v. Haroon Ibrahim
Decided on: August 4, 2023
Citation: 2023 SCC OnLine Bom 1596
CORAM: HON’BLE JUSTICE M.S. SONAK
Facts of the Case
The challenge in this appeal is to the order which the Trial Court dismissed the appellant’s application for an injunction to restrain respondent from interfering with the work of construction of the compound wall to close the opening and complete the wall and restore it to the same position in which it was from 2009 to 2013 till the respondent illegally demolished the portion of the same. The appellant’s case is that from 2017 till 2021, the appellant did not repair the breach in the compound wall. However, when the appellant undertook to repair the breach, respondent objected and interfered with this work. Therefore, the appellant, though a defendant in the suit, filed an application seeking an injunction to restrain respondent no. 1 from interfering with the construction of the compound wall to close the breach. It was argued by the appellant that they have already applied for a licence to the Village Panchayat way back in 2018 but still did not receive. Even a reminder was addressed to the Panchayat in 2021.
Court Analysis and Judgement:
The court ruled that Goa University can proceed with constructing the compound wall to close the breach but only after obtaining construction permission from the Village Panchayat of Taleigao. The injunction that the applicant applied for was granted. The court clarified that the respondent will not interfere with the appellant constructing the compound wall to close the breach in the wall, provided the appellant obtains permission from the Village Panchayat of Taleigao.
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Written by- Reema Nayak
