HC: No injunction in public interest cases

Legal Correspondent

Shimla, September 13

No injunction in the matters of larger public interest can be granted by courts. This was held by the High Court while dealing with a case where the lower court had granted injunction/stay on laying the optical fibre cable.

While vacating the stay, Justice Tarlok Singh Chauhan observed: “The courts have to consider the effect of public interest and suitably mould the relief and relief of injunction as against the public purposes, especially in cases related to public purpose like construction or widening of road or laying down of cable, etc. which are of national importance, should normally not be granted.”

The court ruled: “Once it is established on record that the work being executed is for the larger public interest, then in such circumstances, injunction otherwise cannot be normally granted as the right of an individual is subservient to the rights of the public at large. Public interest is one of the material and relevant considerations in either granting or refusing injunction.”