Rental or mesne profits arise only upon unlawful occupation: SC


Justices Augustine George Masih and C.R. Gavai on a judgement dated 15 October 2025, Nashik Municipal Corporation v. Landowner partly allowed the appeal challenging the High Court’s decision reducing compensation for land acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reiterating that rental or mesne profits arise only upon unlawful occupation.

The dispute concerned 37 Ares of land in Nashik that had been reserved for public purposes under the MRTP Act, 1966, and partially acquired decades earlier. The remaining land was used by the Corporation without formal acquisition. After multiple rounds of litigation, the land was finally acquired in 2017, with the SLAO awarding ₹8.69 crore compensation, later enhanced by the Reference Court to ₹20.20 crore along with ₹238 crore as “rental compensation.” The High Court quashed the enhancement, restoring the SLAO’s award.

Before the Supreme Court, the appellant contended that the High Court erred in rejecting the comparable sale deeds relied on by the Reference Court and that the denial of rental compensation was unjust. The Court agreed partly, holding that under Section 26 of the 2013 Act, the Collector must determine market value based on average sale prices of similar lands and not on ready-reckoner rates. It found the Reference Court’s reliance on six sale instances sound and restored the higher compensation of ₹20.20 crore with 9% interest.

However, the claim of rental compensation was rejected. The Court observed that no evidence showed unlawful possession by the Corporation before the appellant’s purchase in 2011, and the original owner retained control over the property. Relying on R.L. Jain v. DDA (2004) 4 SCC 79, it held that rental or mesne profits arise only upon unlawful occupation. Nevertheless, invoking equitable jurisdiction under Section 28 (“seventhly”), the Court directed the Corporation to pay 8% interest on the purchase amount of ₹1.17 crore for the period between the sale deed and the award.

Accordingly, the appeal was partly allowed. The enhanced compensation was restored, but rental compensation was disallowed. The adverse observations and cost of ₹10 lakh imposed by the High Court were set aside.

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Court Clerk – Litigation Department at Obhan & Associates (Delhi) | Apply Now

Court Clerk – Litigation Department at Obhan & Associates (Delhi)

Court Clerk positions are open at Obhan & Associates, a leading law firm in Delhi, for their Litigation Department. This is an excellent opportunity for experienced clerks with 3–5 years of professional expertise in court-related work, who are skilled in handling filings, managing legal documents, and coordinating with court officials. The role demands attention to detail, strong organizational abilities, and the capacity to work under tight deadlines with minimal supervision.

About Obhan & Associates

Obhan & Associates is a respected full-service law firm with expertise in intellectual property, corporate, and litigation matters. The firm’s Litigation Department handles high-value, complex cases across multiple courts and tribunals. Joining the firm as a Court Clerk means becoming part of a team that values efficiency, accuracy, and professionalism in every aspect of legal support.

Position Overview

Location: Delhi (On-site)
Position: Court Clerk – Litigation Department
Experience Required: 3–5 years as a court clerk

The ideal candidate will have extensive knowledge of court procedures, filing processes, and document management systems, with proven ability to liaise effectively with court staff, clients, and attorneys.

Eligibility Criteria

To be considered for the Court Clerk position, you must have:

  • 3–5 years of experience as a court clerk.
  • Proficiency in computerized docketing systems, MS Office, and Foxit software.
  • Experience in e-filing on the Supreme Court, Delhi High Court, district courts, and tribunal portals, as well as physical filing in various courts.
  • Basic knowledge of preparing, organizing, and managing court filings, pleadings, and other legal documents.
  • Strong email communication skills for client correspondence.
  • Ability to work under pressure and meet strict deadlines with minimal supervision.

Key Responsibilities

As a Court Clerk at Obhan & Associates, you will be responsible for:

  • Preparing, organizing, and managing court filings, pleadings, and other legal documents.
  • Maintaining calendars for court hearings, client meetings, and filing deadlines.
  • Liaising with court officials, stenographers, and typists for filing, clearing objections, listing of cases, and managing out-of-court proceedings such as cross-examinations and mediations.
  • Procuring certified copies of case files and ensuring timely submission of legal paperwork.
  • Maintaining accurate and organized records of case files, judgments, and court orders.
  • Communicating with clients regarding updates, schedules, and required documentation.
  • Providing general clerical support to attorneys, including typing, translation, data entry, and preparation of documents and affidavits in compliance with court or tribunal requirements.
  • Managing billing and invoicing processes.
  • Ensuring compliance with all applicable rules, procedures, and court deadlines.

Skills and Attributes

The successful candidate for the Court Clerk role should have:

  • Strong organizational and multitasking skills.
  • Excellent time management and prioritization abilities.
  • Attention to detail and accuracy in document handling.
  • Proactive problem-solving skills.
  • Professional communication and interpersonal skills.

Why Join Obhan & Associates as a Court Clerk?

  • Be part of a well-established law firm with a reputation for excellence.
  • Gain exposure to a wide variety of litigation matters.
  • Work alongside experienced attorneys in a collaborative environment.
  • Opportunity for professional growth and skill development.

Application Process

If you meet the above requirements and are ready to take on a challenging yet rewarding role as a Court Clerk, follow the application steps:

  1. Prepare your updated CV highlighting relevant court clerk experience.
  2. Write a brief statement explaining your interest in the position and why you want to join Obhan & Associates.
  3. Send an email to careers@obhans.com with the subject line: Application: Court Clerk.

Apply promptly, as applications will be reviewed on a rolling basis. Strong organizational and multitasking skills. The ideal candidate will have extensive knowledge of court procedures, filing processes, and document management systems, with proven ability to liaise effectively with court staff, clients, and attorneys. This is an excellent opportunity for experienced clerks with 3–5 years of professional expertise in court-related work, who are skilled in handling filings, managing legal documents, and coordinating with court officials.


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