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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Kanoi Tea Pvt. Ltd. – Appellant
Versus
Major Port Authority Syama Prasad Mookerjee Port Kolkata – Respondent
JUDGMENT :
(Hiranmay Bhattacharyya, J.) :
1. These intra court appeals arise out of a common judgment and order passed by a learned Single Judge on May 16, 2023 in WPO No. 728 of 2006 with WPO No. 506 of 2006.
2. Common questions of law and fact are involved in these appeals for which the same were heard analogously and are decided by this order.
3. The Estate Officer of the Kolkata Port Trust which has since been renamed as the Major Port Authority, Shyama Prosad Mookherjee Port Kolkata passed an order dated December 5, 2005 in Proceeding No. 398 of 2001 directing the Appellant Company to pay arrear rent of Rs. 1,20,00,000/- at the rate of Rs. 5000/- per month which was challenged in WPO No. 506 of 2006.
4. In the said eviction proceeding, the Estate Officer (for short “EO”) passed an order dated May 16, 2006 which was challenged by the Appellant Company in WPO No. 728 of 2006.
5. Facts relevant for the purpose of deciding these appeals, in a nutshell, are as follows:
6. Land measuring about 13,378.03 sq.m. situated at Transport Department Road was allotted to the Appellant Company by the Kolkata Port Trust (for short “KPT”) on long term basis for a period of 10 years with effect
The pending proceeding before the Estate Officer was the appropriate forum for adjudication of disputed factual issues.
The Rent Act does not protect tenants of public premises once the Public Premises Act applies, affirming eviction rights under the latter.
The court established that the issuance of eviction notices under the Public Premises Act requires the Estate Officer to demonstrate prima facie satisfaction based on adequate material, and that publ....
PP Act prevails over state rent acts for evicting unauthorized occupants from public premises, including pre-existing tenancies post-acquisition; unauthorized assignment, decades-long rent default, a....
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