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Sanjay Paliwal & Anr. v. Bharat Heavy Electricals Ltd. Executive Director

Not available · 2026 INSC 61Decided 15 Jan 2026
Not available
Justice Aravind Kumar · Justice Nongmeikapam Kotiswar Singh

Background

Landowners sued only for a mandatory injunction to remove a boundary wall blocking road access, without seeking a declaration of title, in a case where ownership and possession were both genuinely disputed by BHEL.

Decision Breakdown

The Supreme Court held that where title and possession are genuinely disputed, a plaintiff cannot seek only an injunction: a full suit for declaration is required, since an injunction alone isn't an "equally efficacious" remedy in such cases. The appellants also failed to precisely identify the disputed land.

Lesson Learnt

If land ownership or possession is genuinely disputed, you generally cannot get relief by asking only for an injunction. You must also sue for a formal declaration of title.

Official source (sci.gov.in)View Judgment (PDF)

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