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NINALA JAYASURYA
Nama Minni Sathya Bharathi – Appellant
Versus
Union of India – Respondent
ORDER :
Challenging the Orders dated 07.08.2023 passed by the 4 respondent/Estate Officer under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act (hereinafter referred to Act’), these writ petitions have been filed on various grounds.
For the sake of convenience, the basic facts in W.P.No.21064 of 2023 are referred to.
2. The case of the petitioner in W.P.No.21064 of 2023, in brief, as per the averments made in the affidavit may briefly be stated thus:
The petitioner and her ancestors are in peaceful possession of an extent of 357.42 sq.yds., situated in Survey No.533/5, Door No.1-1-28, Ward No.2, Bapatla Town. Originally the petitioner’s husband’s grandfather one Mr.Kaligiri Chengiah purchased the said property vide registered Document No.541/1952 dated 09.04.1952 and in a family partition, the above said property fell to the share of petitioner’s father-in-law, who gifted the same to the husband of the petitioner vide Document No.3579/2009 dated 22.09.2009. The petitioner’s husband with a view to construct a residential building in the said property, requested the 5th respondent vide letter dated 01.12.2009 to issue ‘No Objection Certificate’ for construc
The PPE Act allows for eviction of unauthorized occupants, but due process and natural justice must be observed in such proceedings.
Unauthorized occupation of public property cannot be justified by claims of fundamental rights; eviction notices against illegal occupants are lawful and valid.
Occupation of premises for educational purposes deemed unauthorized without authority according to Public Premises Act, justifying eviction despite claims of longstanding occupancy.
Point of Law- Substantial contention is that the action is violative of the principles of natural justice, in view of the fact that no individual notices have been given but in the considered opinion....
The main legal point established in the judgment is that the petitioners failed to establish their title over the land and were in unauthorized occupation, leading to the dismissal of the petition.
Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
Eviction proceedings under the Public Premises Act cannot resolve bona fide title disputes, which must be adjudicated in a civil court, ensuring respect for legal authority and due process.
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