Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | definition of “premises” Eviction of Unauthorized Occupants West Bengal Government Premises (Tenancy Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Government Premises (Tenancy Regulation) Act, 1976 – ss.2(a),(b), (c) and 3(2) – Appellant-Corporation purchased immovable properties including a factory with land belonging to a company – For purpose of setting up a small-scale industrial zone, the Corporation constructed an administrative block, after demolishing the existing structure, divided the area into small plots – Respondent no.1 was allotted three plots of land – Prescribed authority terminated the lease deed in accordance with s.3(2) of 1976 Act r/w r.3(1), 1976 Rules for violation of lease deed, i.e. for not taking steps for construction of the factory building – Order upheld by Appellate Authority – High Court held that the 1976 Act did not apply to the premises in question as Corporation is not a government undertaking and the premises is not a government premises – Held: Appellant is a “Government undertaking” as defined in s.2(b) – Bare land has not been independently included in the definition of “premises” – Thus, if bare land is let out by the government and/or government undertaking to its tenant, the incidence of such tenancy cannot be governed by the provisions of 1976 Act and as such a tenant cannot be evicted by taking aid of the provisions of the Act – Plots leased to respondent no.1 did not contain any structures – When eviction proceedings were initiated, admittedly, the land in question did not contain any structures – Material date is the date of initiation of eviction proceedings – Eviction proceeding was in respect of these plots of land and not the entire property purchased by the Corporation – Premises in question does not come within the definition of s.2(a) – Eviction proceedings initiated by the appellant against respondent no.1 under the 1976 Act was without jurisdiction – Appellants at liberty to seek eviction of respondent nos. 1 & 2 from the land in question under 1962 Act – West Bengal Government Premises (Tenancy and Regulation) Rules, 1976 – r.3(1) – Transfer of Property Act, 1882 – Companies Act,1956 – s.617 – West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962 – Interpretation of Statutes. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2020 INSC 309 |
Petitioner | West Bengal Small Industries Development Corporation Ltd. & Ors. |
Respondent | M/s. Sona Promoters Pvt. Ltd. & Ors. |
SCR | [2020] 5 S.C.R. 209 |
Judgement Date | 2020-03-18 |
Case Number | 2201 |
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