SUPREME COURT OF INDIA
DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Babu Ram – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. eviction proceedings under 1971 act (Para 5) |
| 2. appellants' claims regarding unauthorized occupation (Para 7 , 8) |
| 3. deficiencies in the eviction order (Para 10 , 11 , 12 , 13 , 14) |
| 4. requirement of fair procedures in eviction (Para 15 , 17) |
| 5. demarcation exercise ordered for unauthorized occupants (Para 16 , 18) |
| 6. restoration of status-quo ante in eviction appeals (Para 21 , 22 , 23) |
ORDER
1. Permission to file special leave petition in SLP (c) Dy No. 47646/2024 is granted.
2. Delay in filing application(s) for setting aside abatement is condoned. Abatement is set aside. Application(s) for Substitution are allowed.
3. Leave granted.
4. Since issues of law and fact in this batch of appeals are identical, we propose to dispose of the same by this common judgment and order.
5. These appeals arise out of orders passed in eviction proceedings under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 [1971 Act]. All the appellants suffered findings that they were in unauthorized occupation of ‘forest land’. Eviction orders passed under Section 5 of the 1971 Act recording such findings together with appellate orders passed under section 9 the
Anil Kumar vs. Presiding Officer
Eviction orders affecting individuals must comply with principles of natural justice, requiring clear reasoning and fair procedural adherence in administrative actions under eviction statutes.
The central legal point established in the judgment is the interpretation of the definition of public premises under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the re....
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