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V. BHAVANI SUBBAROYAN
Islamia Ilaignar Narpani Youth Welfare Association, Islamic Youth Welfare Association, rep. By its Presidet Mr. Nizar Ahmed – Appellant
Versus
Estate Officer, c/o Cantonment Board, St. Thomas Mount-cum-Pallavaram, Chennai – 600 016 – Respondent
Headnote: Read headnote
ORDER :
(V. Bhavani Subbaroyan, J.) :
The present petition has been filed to set aside the order dated 15.03.2023 on the file of learned Principal District Judge, Kancheepuram at Chengalpattu in Public premises Civil Miscellaneous Appeal No.31 of 2017 confirming the order of the 1st respondent/Estate Officer dated 03.10.2017 in No.STM/Works/8/2500.
2. The brief facts of the case are as follows:-
Initially, the respondent, after issuing notice and receiving the reply from the petitioner, by way of an order dated 03.10.2017, under Sub Section 5 of the Public Premises (Eviction of Un-authorised Occupants) Act 1971, as amended by the Act, 180, Act 1984 and Act 1994, had directed the petitioner to vacate their premises situated in C.Pallavaram on the ground that the petitioner is in un-authorised occupation of the defence land, in the event of failure to do so, ordered for eviction by the use of such force, as may be necessary. As against the same, the petitioner has preferred P.P.C.M.A.No. 31 of 2017, the appellate court by order dated 15.03.2023 confirmed the orders passed by t
The court established that unauthorized occupation of public premises can lead to eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and that long-term possession with....
Unauthorized occupation of public premises does not confer legal rights; eviction proceedings must adhere to statutory requirements, and alleged violations of natural justice must be substantiated.
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....
The court established that the procedural requirements for eviction under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, must be strictly followed, including the issuance of a no....
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
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