1. This Special Civil Application has been filed by the petitioners-The Board of Trustees of Kandla Port Trust (for short, ‘KPT’), Gandhidham and the Officer on Special Duty (Estate) of KPT, Gandhidham under Articles 14, 226, 227 and 300 A of the Constitution of India and under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short P.P. Act”) challenging the order dated 30.11.2012 passed by learned Additional District Judge, Gandhidham (Kachchh) in Civil Misc. Application No.22 of 2011.

2. The subject matter of the present petition pertains to the total plot of land admeasuring 408.68 Acres, say 409 acres situated to east of Nakti Creek within the Kandla Port Tidal area, at New Kandla, Taluka Gandhidham. The land was originally leased for the manufacture of salt. This land is vested in the KPT under Section 29 of the Major Port Trusts Act, 1963 (“the Act” for short). 1st Lease Deed was entered into between the parties i.e. between the petitioner KPT and respondent No.1 M/s Vijay Salt Syndicate for a period of 20 years and 3 months w.e.f. 5.1.1973 which expired on 31.7.1993. This lease stipulated for a renewal clause. The second lease deed for the period from 1.8.1993 to 31.3.2004 was entered into between the parties on 20.12.2002 which did not have any renewal clause and it was stipulated that the lease shall not be automatically renewable and that no compensation shall be payable by the Port Trust in the event of refusal to renew the lease. Resolution-163 dated 16.1.2004 was passed by the Board of Trustees of the KPT recommending extension of the lease. It was sent for approval to the Central Government under Section 34 of the Act. The respondent No.1 has accepted the said Resolution and have never challenged the same. The area which comprises the disputed property is reserved as a Port Base Special Economic Zone (for short “SEZ”) for which approval is granted by the competent authority i.e. Ministry of Commerce & Industry, Government of India. On 3.7.2009 KPT requested the Ministry not to renew present leases of salt lands. On 9.9.2009, writ petition in public interest was instituted in the High Court of Delhi by the Centre for Public Interest Litigation seeking a writ of mandamus against Union of India directing it to regain possession of over 16,000 acres of precious Government Land meant for busy sea port of Kandla and seeking further directions to the effect and seek damages from trespassers on the same land. The petition also sought investigation into the role of the officers of Ministry of Shipping and KPT in allowing the illegal occupation of the government land. According to the petition, this PIL was based on the premises that most of the lessees were clandestinely held by influential persons. There were many allegations and one of the serious allegations was that despite the fact that the term of the lease had expired in the year 2004, despite which the erstwhile lessees were permitted to continue in possession of these lease hold lands. While issuing notices, the Delhi High Court in W.P(C) 11550/2009 directed that till further orders, no lease shall be executed or renewed except in accordance with the guidelines issued by the Ministry of Shipping. On 5.11.2009, the Government of India wrote letter to the Chairman KPT to take back possession of the land where the lease has expired. It is to be noted here that the directions of the Delhi High Court were never challenged by the respondents and are thus binding upon the KPT. On 11.11.2009, the Delhi High Court observed that the erstwhile lessors continued to be in occupation of the land of KPT for over years without lease and on payment of a paltry rent which was fixed in 2006, in absence of determination of market valuation of the land. The lands in issue fall within the above area of 5000 Hectares proposed to be used of SEZ. On 8.12.2009, a communication was sent to M/s Vijay Salt Syndicate wherein they were called upo