Supreme Court of India · 2005-01-10
H.P.STATE ELEC.BOARD vs SHIV K. SHARMA
- Citation / case number
- SC 1999/4222
- Court
- Supreme Court of India
- Petitioner
- H.P.STATE ELEC.BOARD
- Respondent
- SHIV K. SHARMA
- Author
- Srikrishna
- Bench
- B.N. SRIKRISHNA SHIVARAJ V. PATIL
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the Additional District Judge's ruling that the respondents had a right of easement of necessity to access their land through the appellant's acquired land, as established under Section 100 of the Code of Civil Procedure. The Court found that the sale deed explicitly granted this right, and the blocking of access constituted an infringement of that right. Consequently, the appeal by the Himachal Pradesh State Electricity Board was dismissed, affirming the lower courts' findings.