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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Rashtriya Shikshan Sanstha, Manmad, Nashik – Appellant
Versus
General Manager, Central Railways – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. By this Petition, Petitioner challenges the judgment and order dated 30 January 2020 passed by the learned Principal District Judge, Nashik dismissing Regular Civil Appeal No. 233 of 2019 and thereby confirming the eviction order dated 19 August 2019 directing eviction of the Petitioner from the premises of Railways under the provisions of Public Premises (Eviction of Unauthorised Occupants), 1971 (Public Premises Act).
2. Briefly stated, facts of the case are that for catering to the needs of children of railway employees working at Manmad, the then Great Indian Peninsula Railway (GIP) permitted the godown of Manmad Workshop to be used for setting up a school at nominal rent of Rs.1/-. Accordingly, the school was started in the godown premises near Railway Station on 3 July 1922 under the name Great Indian Peninsula Indian High School. A grant of Rs.80 was given by the GIP per mensem towards expenses of staff of the school. On 27 May 1926, GIP granted Rs.100/- for setting up a garden at the school. Grant of Rs.1,000 was also sanctioned for library and reading room for teachers, gymnasium etc. On 7 June 1929, Bridge Engineer, Manmad was nominated as
Occupation of premises for educational purposes deemed unauthorized without authority according to Public Premises Act, justifying eviction despite claims of longstanding occupancy.
The PPE Act allows for eviction of unauthorized occupants, but due process and natural justice must be observed in such proceedings.
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
Unauthorized occupation of public property cannot be justified by claims of fundamental rights; eviction notices against illegal occupants are lawful and valid.
Section 4 of Public Premises Act has provided for issue of show cause notice against order of eviction.
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
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