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SHARAD KUMAR SHARMA
State of Uttarakhand through Collector Champawat – Appellant
Versus
Prescribed Authority Eviction/Upziladhikari – Respondent
JUDGMENT :
CLMA No. 4673 of 2011 has been preferred by Mr. Anand Ballabh, contending thereof, that he may be permitted to intervene in the matter, because he happens to be the complainant based on which, the proceeding under the provisions of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 was initiated. Since the complainant has got no role to play as such, as after the initiation of the proceedings under Section 4/5, the interest of litigation stood protected by the State the owner of public property and it is not a case where, in the absence of the complainant the writ petition itself cannot be effectively decided on merits. Thus, the Intervention Application (CLMA/4673/2011) is misconceived, the same, is accordingly rejected.
2. A proceeding under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 stood instituted as against the occupant respondent No. 2 herein, who by the notices issued by the State on 10.07.2006, wherein, in the notice allegedly issued under Sections 4, 5, 7, the proceedings were contemplated to be taken against the illegal occupant respondent No. 2, in relation to the land lying in khatauni khata No. 117/
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 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 central legal point established is the determination of the applicability of the U.P. Public Premises Act and the UPZA&LR Act to the disputed land, based on their definitions and relevant notific....
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....
The court established that the issuance of eviction notices under the Public Premises Act requires the Estate Officer to demonstrate prima facie satisfaction based on adequate material, and that publ....
Public Premises - Eviction - Section 15 of the Public Premises Act, the Civil Court has no jurisdiction to entertain a suit for eviction.
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