Status Quo

Supreme Court | 13.10.2020

 

 Status Quo – Vacation of  - Petition for occupancy rights  -   The property at this point has lost its character as agricultural property - If that be the position, the petitioner continuing to cultivate the property or being in possession thereof cannot be accepted at this juncture to continue the order of status-quo -  Be that as it may, even if on assessment of the entire case while considering the Special Leave Petition on merits if the right claimed to be a tenant as on 01.03.1974 is accepted, the interest of the petitioner would lie in the developed property and can be appropriately compensated - Thus even on applying the tripod test, the balance of convenience to vacate the order of status-quo is in favour of the respondent - Needless to mention that the change in the nature of the land and the development made therein would therefore remain subject to the result of the Special Leave Petition. #2020 SCeJournal 1858 

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