S.ABDUL NAZEER, J - (1.) These appeals, arising out of a reference to the Full Bench of the Calcutta High Court, raise an important question on the meaning, interpretation and applicability of Section 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the PP Act'). The issue revolves around the right of the appellants(hereinafter referred to as the "Port Trust") to seize and dispose of goods and materials lying on the "public premises" which goods may not necessarily belong to the erstwhile tenant/licensee of such "public premises" under the PP Act.
(2.) The brief facts of the case necessary for disposal of these appeals are as under:
(3.) A piece of land altogether measuring 17238.15 sq. mtr. situated at Transport Depot Road, P.S. Taratola, Kolkata, (for short 'the premises') was allotted to M/s. Shalimar Tar Products Ltd. (hereinafter referred to as 'the STPL') by way of Deed of Assignment dated 06.12.1963. The STPL stopped the payment of rent to the Port Trust since 1973. The lease in respect of the premises granted in favour of the STPL expired by afflux of time in the year 1981. Therefore, the Port Trust issued a notice dated 31.08.2000 to the STPL to quit the premises and deliver its possession. As the STPL failed to deliver back possession of the premises, the Port Trust initiated the proceedings for eviction, as well as for recovery of arrears of rent and dues on account of unauthorized occupation before the Estate Officer under the provisions of the PP Act.;