M/S Iifl Facilities Services Limited vs The Commissioner Of Land ... on 15 September, 2025

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Supreme Court - Daily Orders

M/S Iifl Facilities Services Limited vs The Commissioner Of Land ... on 15 September, 2025

Bench: Dipankar Datta

                                                           1

     ITEM NO.49                                  COURT NO.9                    SECTION XII

                                     S U P R E M E C O U R T O F          I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal(C) No(s). 26418/2025

     [Arising out of impugned final judgment and order dated 28-08-2025
     in CMPMD No. 14298/2025 passed by the High Court of Judicature at
     Madras at Madurai]

     M/S IIFL FACILITIES SERVICES LIMITED                                       Petitioner(s)

                                                         VERSUS

     THE COMMISSIONER OF LAND ADMINISTRATION & ORS.     Respondent(s)
     IA No. 231231/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

Date : 15-09-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :Mr. Mukul Rohatgi, Sr. Adv.

Mr. Sivagnanam Karthikeyan, Adv.

Mr. M G Aravind Raj, Adv.

Ms. Charita Singh, Adv.

Mr. Tushar Giri, AOR Mr. Siddharth Anil Khanna, Adv.

Mr. Ritik Arora, Adv.

Mr. Shivam Mishra, Adv.

Ms. Gulshan Jahan, Adv.

For Respondent(s) : Mr. P.V. Yogeswaran, AOR Mr. Ashish Kumar Upadhyay, Adv.

Mr. V. Kandha Prabhu, Adv.

Ms. Maitri Goel, Adv.

Ms. Dhatri Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. This special leave petition is directed against an interim order dated 28 th August, 2025 passed by a Division Bench of the High Court of Judicature at Signature Not Verified Digitally signed by Madras in a pending intra court appeal.

JATINDER KAUR

Date: 2025.09.18 16:08:59 IST Reason:

2. Mr. Mukul Rohatgi, learned senior counsel appearing on behalf the petitioner, submits that the impugned order was passed without even notice to 2 it. He also submits that although possession of the subject land is with the petitioner, the direction of the Division Bench of the High Court granting permission to the Government to take possession of such land and utilise the same for public purpose amounts to granting the final relief at the interim stage, which is impermissible.

3. Having heard Mr. Rohatgi and on perusal of the materials on record, we do not propose to issue notice and keep the special leave petition pending.

4. We are satisfied on perusal of the impugned order that the petitioner was not put on notice and an order has been passed in breach of natural justice, which is in the nature of grant of the principal relief at the interim stage. It is not that such an order is impermissible but this case did not present exceptional grounds therefor. Thus, we are inclined to the view that interest of justice would be sufficiently served if the special leave petition is disposed of at this stage with the following observations/directions:

(i) If the petitioner is still in possession of the subject land, status quo shall continue till such time the application/appeal is considered next by the Division Bench.

(ii) If the Government, in terms of the impugned interim order, has taken over possession of the subject land, the second part of paragraph 6(ii) of the impugned interim order viz. “ ... and utilize the same for public purposes” shall remain stayed and the Government shall maintain status quo in respect of the subject land.

(iii) Petitioner is granted liberty to approach the Division Bench and seek an order for restoration of status quo ante, in the event possession has been taken over by the Government.

5. The special leave petition, accordingly, stands disposed of. 3

6. We request the High Court to decide the appeal as early as possible after hearing the parties, having regard to the nature of the lis.

7. Pending interlocutory application(s), if any, shall stand disposed of.

(JATINDER KAUR)                                       (SUDHIR KUMAR SHARMA)
P.S. to REGISTRAR                                       COURT MASTER (NSH)

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