Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----S. 4---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2---Suit to challenge validity of acquisition of land---Grant of temporary injunction by Appellate Court during pendency of suit---Essentials. In order to get a stay order in his favour plaintiff must show:-- (a) that he had a prima facie case; (b) that he would suffer an irreparable loss if stay was not granted; (c) that balance of inconvenience was in his favour. While exercising discretion in the matter the Court must be conscious that interest of the individual should give way to the interest of the public at large. In case application for grant of stay order was refused/granted by the Court in exercise of discretionary jurisdiction after application of judicious mind to the facts and circumstances of the case as well as the legal principles for the grant of temporary injunctions, the Appellate Court would have to apply its mind judiciously and to determine as to whether the discretion has been properly exercised by the trial Court or not and till the decision of the appeal interim order which was in the nature of ultimate order should be sparingly passed particularly when result of such an order would be the stoppage of a project of public importance. Bona fides of the acquisition proceedings which were being conducted by the public functionaries were presumed in law and every effort had to be made to uphold the same unless and until after recording of evidence it was established that the proceedings were either mala fide or coram non judice. Allegation of mala fides should be specific and must be proved by evidence, The interim stay should not ordinarily be granted which. would interfere in the internal working of a public department and performance of lawful duties of public functionaries. Merely because a project of public utility was got sanctioned by a public representative which would also benefit him was not a sufficient circumstance to hold that the proceedings being conducted by the public functionaries were mala fide and hence without jurisdiction and that the same were also not for "public purpose". Muhammad Umar Beg v. Sultan Mahmood Khan…

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