BHARAT OMAN REFINERY LTD Vs. PADAM SINGH

JUDGEMENT

(1.) THE writ petition has been preferred as against grant of interim injunction during the pendency of suit. The plaintiffs/respondents have filed the suit for declaration and for issuance of permanent injunction submitting that they have the right to pass through survey numbers 162/2, 166/2, 167/2, 169/2m 170/2 and 173/3 to go to their land through land comprising survey numbers 162/1, 166/ 1,166/3, 170/3, 169/3, 170/1, 169/1, 167/3, 173/4.

(2.) THE plaintiffs have submitted that they have been using the way for the last 25 years prior to acquisition of land for the purpose of Bharat Oman Refinery limited, Mumbai. They have specified the way in the plaint map. They have no other alternative way to reach to their land. The defendant was trying to raise the construction of boundary wall after digging the foundation.

(3.) THE defendants in the reply filed before the Trial Court contended that plaintiffs are having alternative way to reach to their land. Land has been acquired and they have got the right to protect it and to raise construction. Compensation has been paid by them. They are in possession of the land. It is necessary to raise construction of boundary wall. There was no easement much less easement of necessity acquired by the plaintiffs. The plan has been prepared in the year 1998 for the purpose of ingress and egress of the villagers to reach to their fields. Gates have been constructed at various places wherever there is a recognized way. It has also been mentioned in the reply that where the way is available to plaintiffs to reach their field, they are making the place available to reach to the land as per plan.