Item No. 08-21 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE HEARD ON : 04.03.2025 DELIVERED ON : 04.03.2025 CORAM:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS),J.)

CO/2447/2015 (Assigned)

with CAN/1/2019(Old No.CAN/7533/2019)

Union of India & Anr.

Vs.

Biju Mech With CO/1991/2013 with CAN/1/2019(Old No.CAN/7532/2019)

Union of India Vs.

Smt. Shanti Thapa & Anr.

With CO/2448/2015 with CAN/1/2019(Old No.CAN/7530/2019)

Union of India & Anr.

Vs.

Budhiman Damani with CO/2452/2015 with CAN/1/2019(Old No.CAN/7534/2019)

Union of India & Anr.

Vs.

Soma Limbu With CO/2453/2015 with CAN/1/2019(Old No.CAN/7535/2019)

Union of India & Anr.

Vs.

Pushpa Chhetri With CO/2454/2015 with CAN/1/2019(Old No.CAN/7553/2019)

Union of India & Anr.

Vs.

Suraj Chhetri With CO/2455/2015 with CAN/1/2019(Old No.CAN/7551/2019)

Union of India & Anr.

Vs.

Sukh Bahadur Alle With CO/2456/2015 with CAN/1/2019(Old No.CAN/7550/2019)

+

CAN/2/2024 Union of India & Anr.

Vs.

Babu Ram Chhetri With CO/2457/2015 with CAN/1/2019(Old No.CAN/7549/2019)

Union of India & Anr.

Vs.

Kamal Lohar with CO/2458/2015 with CAN/1/2019(Old No.CAN/7548/2019)

Union of India & Anr.

Vs.

Man Singh Tamang With CO/2459/2015 with CAN/1/2019(Old No.CAN/7547/2019)

+

CAN/2/2024 Union of India & Anr.

Vs.

Ganesh Subba With CO/2460/2015 with CAN/1/2019(Old No.CAN/7562/2019)

Union of India & Anr.

Vs.

Darman Sangma With CO/2461/2015 with CAN/1/2019(Old No.CAN/7546/2019)

Union of India & Anr.

Vs.

Balkrishna Thapa With CO/2466/2015 with CAN/1/2019(Old No.CAN/7543/2019)

Union of India & Anr.

Vs.

Saran Daimari Appearance:-

Mr. Kumar Jyoti Tewari, Sr. Adv.

Mr. Sunil Kumar Singhania Mr. Rahul Sarkar, Adv. Ms. Dipika Sarkar, Adv.

…For Petitioners Mr. Soumya Majumder, Sr. Adv.

Mr. Ranjan Saha, Adv.

…For Opposite Party JUDGMENT (Judgment of the Court was delivered by The Hon'ble Justice CHAITALI CHATTERJEE (DAS), J.)

In Re. CO 2447 of 2015 with CAN 1 of 2019 (Old No.CAN 7533 of 2019)

1. This application under Article 227 of the Constitution of India arises out of the judgement and order dated 26th February, 2013 passed by Shri Kamal Roy, Additional District Judge, Paschim Medinipur in Misc. Appeal No.73 of 2012 (Biju Mech Vs. Union of India) under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short “the Act of 1971”) is taken up for hearing analogously with other similar revisional applications filed by the Union of India against the opposite parties being the appellants before the Appellate court, as stated in the cause title. The Learned advocates are representing the opposite parties in all the cases.

2. The crux of the matter in a nutshell is that one notice was issued by the Estate Officer, Salua Air Force on 12.10.2011 upon the present opposite parties under Sub Section (2) of Section 51A of the Act of 1971 directing all the opposite parties to remove the buildings, structure, fixtures erected, goods displayed/spread on the public premises mentioned in the schedule before 9.11.2011 and/or to show cause as to why the same should not be removed on or before the above mentioned date. Upon receiving the said notice, the reply was given by the opposite parties on 31.10.2011 to the Group Captain, Estate Officer, Air Force Station, Salua intimating specifically that they are residing in the above place since 1975 and presently at least 500 families are residing there very peacefully and the total population comprises of Gorkha, Asamia, Tribals, Santals, out of which 40% is SC, 10% is ST and 50% is general caste. In the year 1996 one notice for eviction was served upon them by the Station Commandant, Air Force Station, Salua, Kharagpur, Midnapur (West) however on the basis of the representation made by the local inhabitants/opposite parties no action was taken. Subsequently, in the year 2009 another notice was served for eviction but on the basis of the representation filed by the opposite parties along with other inhabitants no step for eviction was taken. It is contended on behalf of the