HC rejects Hinduja Renewables Two's plea to put up Rs 146 crore solar plant on disputed land in K'taka

The Karnataka High Court has rejected the plea of Hinduja Renewables Two Private Limited to put up a solar plant to be built at an estimated cost of Rs 146 crore on a disputed land in Raichur district of the state.

The bench of Justice C M Poonacha upheld a lower court order which had directed the Mumbai-based company not to put up permanent structures as a property dispute among family members was pending.

In its recent judgement, the HC noted that the ”conduct of the appellant/company is not entirely free from blemish”.

It also noted that the company proceeded with the sale deed after the lower court’s orders and obtained permissions and other documents after the property dispute arose in the court.

It said, ”The trial court after noticing the case of the parties, has recorded a categorical finding of fact that the plaintiffs have made out a prima facie case and also held that it is the plaintiffs who will be put to loss and hardship in getting their share, if defendant no.6 (company) proceeds with the construction work.” The company had approached the HC against the order passed by the Court of the Senior Civil Judge and JMFC, Sindhanur in Raichur district on January 14, 2022.

Two minors — Rahul Patil and Ankitha, both children of late Malleshgouda — had approached the lower court seeking one-sixth share in the joint-family property managed by their grandfather.

It was alleged that after the death of Malleshgouda, the grandfather and his other children entered into an agreement with the company, to put up a solar power plant on their property at Mallata village in the district. The two children claimed that 35 acres of the total property was their share.

Pending the resolution of the dispute, the lower court ordered that the company should not put up any permanent structure in the disputed property. The company approached the HC and claimed that it had carried out due diligence for putting up the solar plant. It was putting up a 26 megawatt electricity generation plant at a cost of Rs 146 crore. All necessary permissions from the government were in place, the court was told.

After the lower court had passed its order on January 14, 2022, the company had proceeded with the registration of the sale deed on April 4, 2022.

It then filed the appeal in the high court ”after a lapse of nearly six months.” The HC noted that ”several documents executed by and/or in favour of the company with regard to the commissioning of its project, are subsequent to the suit filed by the plaintiffs.” Dismissing the company’s appeal, the HC said the company has failed in demonstrating as to how the finding recorded by the trial court is illegal or perverse and requires interference in this appeal.