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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Board of Trustees for the Port of Kolkata – Appellant
Versus
Automobile Association of Eastern India – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. The petitioner herein is aggrieved by an order dated 14th September, 2018 passed by learned District Judge, Purba Medinipur in Miscellaneous Appeal no. 15 of 2013 filed under The Public Premises (Eviction of Unauthorized Occupants) Act 1971 (in short of Act of 1971), which was preferred by the opposite party herein. By the order impugned the court below set aside the order of the Estate officer dated 30th June, 2006 by which the Estate Officer while disposing an application under section 7 of the Act of 1971, awarded a sum of Rs. 7,06,196/- towards arrear of rent for the period from December, 1991 to 16.05.1999 along with 7.25% interest per annum upon the said amount and further awarded a sum of Rs. 24,79,540/- towards damages for unauthorized occupation of the public premises for the period from 17.05.1999 till 16.03.2006 along with simple interest @ 7.25% per annum on the said amount.
2. Initially opposite party herein challenged the aforesaid order of the Estate Officer in a writ petition before this court being WP 16552(W) of 2006 and a co ordinate Bench of this Court by an order dated 11.06.2008 was pleased to set aside the order of the Esta
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
Natural justice requires a party to be heard before any order that affects their rights is decided, particularly in matters of condonation of delay under statutory provisions.
The court emphasized the finality of the petitioner's status as an unauthorized occupant and upheld the criteria for assessment of damages laid down by NDMC.
The pending proceeding before the Estate Officer was the appropriate forum for adjudication of disputed factual issues.
The main legal point established in the judgment is that the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 prevails over the Arbitration and Conciliation Act, 1996 in matters of reco....
The court affirmed that claims for recovery of dues under the Punjab Public Premises and Land (Eviction & Recovery) Act are subject to a three-year limitation period, which the petitioner failed to a....
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