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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Syama Prasad Mookerjee Port, Kolkata – Appellant
Versus
Indian Jute Industries’ Research Association (IJIRA) – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. This civil revisional application arises out of a judgment and order dated January 6, 2024, passed by the learned Additional District Judge, 7th Court at Alipore in P.P. Appeal No. 4 of 2013. The appeal was directed against an order dated March 18, 2013, passed by the Estate Officer Kolkata Port Trust under sub-section (1) of section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act 1971 (hereinafter referred to as the said Act), in Proceeding No. 1051 of 2010, under sub-section (1) and (2A) of section 7 of the said act, in Proceeding No. 1051/R of 2010 and under sub-section (2) and (2A) of section 7 of the said Act in Proceeding No.1051/D of 2010. The Estate Officer directed eviction of the opposite party.
2. The learned judge allowed the appeal, thereby setting aside the order of the Estate Officer on various grounds, namely:-
a) The lease deed was executed between the parties on December 18, 1947 with effect from July 1, 1947 and the said Act could not be resorted to, for eviction of the opposite party, who had come in possession of the public premises prior to September 16, 1958.
b) The said Act did not have retrospective application,
The provisions of the Public Premises Act, 1971 prevail over State Rent Control Legislations concerning unauthorized occupants, irrespective of when tenancies were created.
The Rent Act does not protect tenants of public premises once the Public Premises Act applies, affirming eviction rights under the latter.
The judgment emphasized the importance of compliance with legal provisions for eviction notices and highlighted the need for specific retrospective provisions in legislation to take away protected ri....
Public Premises - Eviction - Section 15 of the Public Premises Act, the Civil Court has no jurisdiction to entertain a suit for eviction.
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 Estate Officer has jurisdiction to entertain eviction petitions from local authorities against original lessees, despite claims of protection under rent control laws.
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