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SABYASACHI BHATTACHARYYA
Board of Trustees for the Port of Kolkata – Appellant
Versus
Metal Box India Limited – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present revisional applications are preferred against the same judgment and order, whereby an appeal under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short “the P.P. Act”) was allowed, thereby setting aside the order of eviction passed under Section 5 of the P.P. Act by the Estate Officer.
2. The Board of Trustees for the Port of Kolkata (hereinafter referred to as “the KoPT”) has preferred C.O. No. 746 of 2020, substantially challenging the decision of the appellate forum, reversing the order of eviction.
3. Learned senior counsel appearing for the KOPT contends that the finding of the Appellate Court that the premises-in-question are not governed by the P.P. Act, is not tenable in the eye of law. Learned counsel argues that the Appellate Court erroneously interpreted the ratio laid down in Suhas H. Pophale Vs. Oriental Insurance Company Limited and its Estate Officer, reported at (2014) 4 SCC 657, as followed in Band Box Private Limited Vs. Estate Officer, Punjab and Sind Bank and another, reported at (2014) 16 SCC 321. It was held in the former report that there are two categories of occupants wh
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....
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
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....
The eviction under the Public Premises Act was upheld as lawful, with sufficient notice and adherence to due process, and claims of bias against the Estate Officer were rejected.
Public bodies must act fairly and in public interest when terminating tenancies, and the grounds for eviction must be substantiated; mere termination does not automatically render an occupant unautho....
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
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