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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, C.J., PARTHA SARATHI SEN
Chandeswhwar Shaw – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this intra-Court appeal the judgment and order dated 20.06.2024 as passed by the learned Single Bench in WPA 15989 of 2024 is assailed. By the impugned order learned Single Bench allowed the prayer of the writ petitioner for grant of police help for removal of the unauthorized occupants from the land of the writ petitioner being the Estate Manager (in charge) of Board of Major Port Authority for the Syama Prasad Mookerjee Port, Kolkata.
2. It is pertinent to mention herein that the appellants before this Court were not parties to the said writ petition and thus, a coordinate Bench of this Court by its order dated 28.06.2024 as passed in this appeal permitted the present appellants to challenge the order impugned by filing this intra-Court appeal.
3. At the time of hearing Mr. Basu, learned Advocate appearing on behalf of the appellants at the very outset draws attention of this court to the cause title of the writ petition being WPA 15989 of 2024. It is submitted that though the present appellants are the real aggrieved persons in view of the passing of the impugned order however, the present appellants were not made party respondents in the sai
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 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....
Mere payment of damages does not create a right in favour of a person who may otherwise be illegally occupying public premises.
Eviction proceedings under the Public Premises Act cannot resolve bona fide title disputes, which must be adjudicated in a civil court, ensuring respect for legal authority and due process.
The central legal point established in the judgment is the interpretation of the definition of public premises under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the re....
The main legal point established in the judgment is the lack of authority of the Estate Officer and the maintainability of the writ petition under Article 226 of the Constitution of India.
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