'National Interest': Maharashtra Court Sets Aside Status Quo Order Preventing Konkan LNG From Using Public Road To Build Breakwater Wall

Judge PS Chandgude, Khed, Ratnagiri allowed the continuation of the infrastructure project, which is spearheaded by the Prime Minister's Office (PMO) under the aegis of GAIL India's wholly owned subsidiary Konkan LNG Ltd. The court was hearing a plea by Konkan L.N.G.Limited against the trial court's December 26, 2024 order which had ordered the parties to maintain status quo which had been continued.

Remarking that the project was of national interest, the Judge Chandgude said, “The order of status-quo can be interpreted in both ways. Therefore the Court shall not pass such order unless and until satisfied itself on the merit of the case. It is also cardinal principle of law that in case of conflict between individual right and public interest, public interest shall be protected. It must be considered that the project is of national interest and the same is infrastructure project. More than 90% work is completed. Under such circumstances the impugned order needs to be intervened.”

The original plaintiff, a private individual, filed a suit for a permanent injunction against the original defendant/appellant, Konkan LNG, for alleged encroachment upon the suit property for transporting accropodes for the project.

The original plaintiff subsequently filed an application for temporary injunction demanding status-quo order. The Civil Judge granted status-quo in favour of the original plaintiff.

Konkan LNG thus challenged the Civil Judge's order before the High Court.

Konkan LNG contended that it was not using any portion of the plaintiff's land and that the road being used was a Zilla Parishad road and thus, a public road. It stated that the project is of national interest and that any delay will cause a huge loss to it as well as the nation.

The District Court noted the Trial Court concluded that the road that passed through the suit property was a public road.

It noted that the work of transporting accropodes has been going on since December 2023. Further, it noted that the Bombay High Court had ordered police protection in favour of Konkan LNG for transporting accropodes.

The District Court stated that unless the temporary injunction application is considered on merit, it would be improper to pass a status-quo order in respect of the transportation of accropodes.

It stated, “Under such circumstances unless the temporary injunction application shall be considered on merit it is not proper to pass status-quo order in respect of transportation of accropodes. The order of status-quo can be interpreted in both ways. Therefore the Court shall not pass such order unless and until satisfied itself on the merit of the case.”

The Court thus allowed the appeal and set-aside the Civil Judge's order. It directed the Civil Judge to dispose of the temporary injunction expeditiously.

Case title: Konkan L.N.G.Limited vs. Avinash Gangadhar Narvankar & ors. (In The Court Of I/C District Judge-1 Khed, Misc Civil Appeal No.1/2025)

Counsels for Appellant/Konkan LNG Ltd: Mr. Kartik Seth, Mr. Kiran S. Mohite and Mr. Raghav Sharma

Counsels for Respondnets: Mr. S.D. Kothari (For Respondent No. 1), Mr. Y.V. Dandekar (for Larsen & Toubro – Contractor of Konkan LNG Ltd.), Mr. S.P. Belose (For Zila Parishad, Ratnagiri)

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