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2015 Supreme(All) 165

D. Y. CHANDRACHUD, SUNEET KUMAR
UNION OF INDIA – Appellant
Versus
ARUN SALUZA – Respondent


Advocates:
Counsel :
Satish Kumar Rai, C.G.C., Ashok Mehta for the Appellants; R.K. Mathur, Manish Kumar Jain, A.K. Gupta for the Respondents.

JUDGMENT

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—This batch of special appeals arises from a judgment of the learned Single Judge dated 8 October 2014. The learned Single Judge was seized with a batch of petitions under Article 226 of the Constitution questioning the legality of notices for eviction issued under Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (Act of 1971) and orders passed in pursuance thereof. The learned Single Judge held that Section 5A and Section 5B were introduced by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980 (Amendment Act of 1980) which, upon receipt of the assent of the President, was published on 22 December 1980 and that, in consequence, the power to remove an unauthorized construction would exist only in respect of premises which have been constructed after the date on which the provisions had been introduced. In other words, in the view of the learned Single Judge, the provision would not apply to a structure which was existing prior to 22 December 1980. The learned Single Judge, in consequence, while allowing the writ petitions and setting aside the orders of eviction, held t




























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