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A. S. SUPEHIA
Sajidali Kausharali Shah – Appellant
Versus
Municipal Commissioner – Respondent
JUDGMENT :
A.S. Supehia, J.
1. In the present writ petitions, the petitioners have assailed the order dated 18.02.2021 passed by the competent authority of the respondent Corporation under Section 5 of the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (for short “the Public Premises Eviction Act”) and the order dated 11.08.2021 passed by 11th Additional District Judge, Surat in Misc. Civil Appeal No. 11 of 2021 and Misc. Civil Appeal No. 8 of 2021.
2. The petitioners are in occupation of shops situated in shopping complex constructed upon the land bearing nos. 1961/A and 1961/B of Ward No. 2 Rudrapura, Surat, which belongs to Surat Municipal Corporation (SMC).
3. In view of the Metro Rail Project (Phase-I), the SMC needed the said land, on which the shops are situated in larger public interest and hence, the Corporation initiated procedure under the Public Premises Eviction Act. Accordingly, notices were issued on 07.01.2021 under Section 4 of the Public Premises Eviction Act calling upon the petitioners to vacate the premises. They were also personally heard on 18.02.2021. Ultimately, on 18.02.2021, an order under Section 5 of the Public Premises Eviction Act
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
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....
Other principle that has been ingrained is that if a project is beneficial for the larger public, inconvenience to smaller number of people is to be accepted. It has to be respectfully accepted as a ....
Termination of lease and possession of land for Metro Rail Project – When appellant is allottee of land in question pursuant to allotment order and is in occupation and possession of allotted land wh....
The necessity for eviction must be justified in addition to establishing unauthorized occupation under the Public Premises Act, as reaffirmed by prior judicial interpretations.
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