Legal Parameters and Judicial Approach

A mandatory injunction is a court order directing a party to take a positive action, such as removing an illegal construction or restoring property to its original condition. Unlike prohibitory injunctions, which prevent future harm, mandatory injunctions are often used to correct a wrong that has already occurred.

Legal Basis: Section 39 of the Specific Relief Act, 1963

Section 39 of the Specific Relief Act, 1963, empowers courts to issue mandatory injunctions to prevent the breach of an obligation and to compel the performance of requisite acts. However, the exercise of this power is discretionary and subject to well-established legal principles.

Key Parameters for Granting Mandatory Injunctions

Indian courts have developed clear criteria for granting mandatory injunctions. The following parameters are crucial:

1. Breach of Obligation

There must be a clear breach of a legal obligation by the defendant. The injunction is intended to prevent or remedy this breach.

2. Necessity to Compel Performance

The court must be satisfied that compelling the defendant to perform a specific act is necessary to prevent or rectify the breach.

3. Enforceability

The act to be compelled must be one that the court can supervise and enforce effectively.

Judicial Guidelines: The Triple Test

The Supreme Court of India, in the landmark case of Dorab Cawasji Warden v. Coomi Sorab Warden, laid down a “triple test” for granting interim mandatory injunctions:

1. Strong Case for Trial:

   The plaintiff must present a case that is stronger than the prima facie case required for a prohibitory injunction.

2. Irreparable or Serious Injury:

   The injury caused by the defendant’s actions must be serious or irreparable, and not compensable by monetary damages.

3. Balance of Convenience:

   The balance of convenience must favour the plaintiff, meaning that granting the injunction would cause less harm than withholding it.

Additional Considerations

• Exceptional Circumstances:

  Mandatory injunctions are granted only in exceptional cases where justice demands immediate intervention.

• Restoration of Status Quo:

  Courts often use mandatory injunctions to restore the last uncontested status or undo a wrongful act.

• Not a Matter of Right:

  The grant of a mandatory injunction is not automatic; it is a discretionary remedy based on the facts and circumstances of each case.

When Mandatory Injunctions Are Not Granted

Courts generally refuse to grant mandatory injunctions in the following situations:

• When monetary compensation is an adequate remedy.

• If the plaintiff has acquiesced to the defendant’s actions.

• If granting the injunction would create a new state of affairs rather than restore a prior one.

Conclusion

Mandatory injunctions are an extraordinary remedy in Indian law, granted only when strict criteria are met. Courts exercise great caution, ensuring that such injunctions are issued only to prevent injustice and irreparable harm. 

References:

• The Specific Relief Act, 1963

• Dorab Cawasji Warden v. Coomi Sorab Warden, (1990) 2 SCC 117

Summary Table: Parameters for Granting Mandatory Injunction