Orissa High Court Applies Dual Ownership Doctrine to Leased Land Disputes

The Orissa High Court held that a lessee is the true owner of a structure constructed on leased land and the lessor cannot claim ownership over it. The case concerned a mobile tower built under a 2014 lease deed. 

The Court observed that the doctrine of dual ownership applies, where the lessor remains the owner of the land while the lessee owns structures raised with permission.

The Court noted that the petitioner-lessor had no locus to challenge demolition orders since the aggrieved party was the lessee.

The appeal was accordingly dismissed.

[Nirmala Sahu v Telecom Regulatory Authority of India (TRAI) & Ors.]