- (1.) The scheme and import of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 are called into question in this appeal from an order passed on the Arya respondents' petition under Article 226 of the Constitution of India. In effect, the learned Single Judge held that an alleged unauthorised occupant of public premises had a right for his version of things to be considered by the landlord before the matter could be brought before an estate officer under the said Act.
(2.) The relevant facts are not much in dispute. The appellants issued a notice on July 28, 2006 requiring the writ petitioners to deliver vacant and peaceful possession of the relevant premises to the authorised representative of the appellants. The grounds put forth appear from the material portion of the notice: WHEREAS a lease for 30 years with one option of renewal with effect from 11-10-1990 in respect of 6437.435 sq.m of land at Transport Depot Road was granted to you with certain terms and conditions. AND WHEREAS you have wrongfully parted with possession and inducted number of subtenants without the prior approval in writing from Kolkata Port Trust, the lessor, which constitutes a major breach of lease terms. NOW THEREFORE I hereby give you notice to quit, vacate and deliver up vacant and peaceful possession of the property as detailed under schedule hereunder on 01-02-07 at 10-30 A.M. to the authorized representative of Kolkata Port Trust, who will be present at the site on the date and time as mentioned above. It is also hereby notified that all your relationship with the Board of Trustees for the Port of Kolkata stands determined ... It is also notified that in case of default in handing over possession of the land mentioned in the schedule hereunder as aforesaid, Kolkata Port Trust shall be at liberty to take recourses of law, civil or criminal or both, as may be advised without prejudice to any other rights, which may be available under law, and you will be held liable all costs and consequences arising there from. ... It may be mentioned that there is no alternative but to place the matter before the Ld Estate Officer, The Adjudicating Authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 in case of default in compliance as above on the part of the notice ...
(3.) The writ petitioners issued a reply on August 11, 2006 denying breach of the terms of the lease and insisting that they were in possession of the premises.;