Lessee Remains Owner Of Structure Put Up By Him On Leased Land: Orissa High Court

The Orissa High Court has reiterated that a lessee is the owner of the structure put up by him on the leased land and the lessor lacks locus standi to challenge its removal by the Authorities.

The Court was considering a Writ Petition assailing the order passed by the Collector whereby the standing tower was rendered dysfunctional and a direction was issued for its dismantling.

The Bench of Justice Dixit Krishna Shripad held,"It has been the long settled position of law that lessor continues to be the owner of the plot, whereas lessee becomes the owner of the structure which he has built under the lease in question by virtue of doctrine of dual ownership."

The Petitioner was represented by Advocate U.R. Jena, while the Respondent was represented by Additional Standing Counsel J.K. Ray.

The Court ruled that the truly aggrieved person can only be the lessee who has put up the tower on the plot belonging to the lessor, i.e., Petitioner.

".....this Court declines indulgence in the matter solely on the ground of Petitioner’s lack of locus standii. By virtue of impugned order, the vinculum juris created by the subject lease deed, is not disrupted and therefore, the lessor continues to be the lessor and so does the lessee. Case of the Petitioner is largely one of damnum sine injuria and therefore, without a legal injury, legal remedy cannot be sought. In fact, Petitioner’s Case No. 209 of 2025 is pending against the OP No.5 in the court of Civil Judge (Sr. Dn.)/Commercial Court, Kendrapara for recovery of rent....", the Court observed.

The Petition was accordingly disposed of, reserving liberty to the Petitioner to prosecute the suit that shall not be influenced by the impugned order, otherwise.

Cause Title: Nirmala Sahu vs. Telecom Regulatory Authority of India (TRAI) & others

Appearances:

Petitioner- Advocate U.R. Jena, Advocate Bini Mishra, Advocate B.K. Das

Respondent- Additional Standing Counsel J.K. Ray, Senior Advocate M.K. Mishra, Advocate T. Mishra, Advocate P.K. Das, Advocate S.N. Biswal,, Advocate G. Panda, Advocate B. Rout

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