NDLI: Board of Trustees for The Port of Kolkata and Ors Vs. Apl (india) Pvt. Ltd. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	u/s.6 is entitled to sell the goods even of a stranger 5 Public Premises (Eviction of Unauthorised Occupants) Act Expression ‘spread on any public premises’ 1971 ss.2(g) 5A and 6 Estate Officer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Major Port Trust Act, 1963 (38 of 1963) Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Public Premises (Eviction of Unauthorised Occupants) Act,1971 – ss.2(g), 5, 5A and 6 – Land allotted to one M/s. ShalimarTar Products Ltd. (STPL) – STPL stopped paying rent to the Port Trust – Lease in favour of STPL expired – STPL failed to deliver possession of the premises – Port Trust initiated eviction proceedings u/PP Act – Estate Officer passed eviction order – Authorized officer appointed for recovery of the possession of the premises, took possession of the premises and the containers stacked thereon –Notice u/s.6(1) issued by the Estate Officer to remove or cause to be removed or disposed of by public auction, any property remaining on the premises – In the said proceedings, the respondent no.6 appeared and sought permission to remove the huge number of containers from the premises – Rejected – Respondent filed writ petition, inter alia, seeking permission to remove the containers lying on the premises – Single Judge while holding that there are different views taken by two different Division Benches of the Calcutta High Court in Canoro Resources and Indian Rayon on the scope and ambit of s.59 of the 1963 Act, referred the matter to the Chief Justice for constitution of larger Bench– Full Bench held that ss.59, 61 of the 1963 Act cannot be read into proceedings u/PP Act and directed placing of the writ petition before Single Judge – On appeal, held:PP Act provides for eviction of occupants from public premises and for certain incidental matters – Act was enacted to provide for a speedy machinery for the eviction of unauthorized occupants of the public premises as it became impossible for government to take expeditious action even in flagrant cases of unauthorised occupation of public premises – Any person in occupation of the public premises without authority for such occupation is an unauthorized occupant – Expression ‘spread on any public premises’, contained ins.5A(1)(b) also means ‘lying on any premises’– s.5A(3) authorizes the Estate Officer to remove any goods lying on any public premises after an order of eviction u/s.5 – It is also not necessary that there should be a privity of contract between the Port Trust and the third party to whom such goods belong for disposing of the property by the Estate Officer u/s.6 – s.6 applies, inter alia, to the persons who keep their goods in the public premises whether they are tenants/licensees, sub-tenants or any other parties –Estate Officer, u/s.6 is entitled to sell the goods even of a stranger, found in/on the premises under unauthorized occupation – Full Bench justified in holding that there is no conflict between the two judgments of Division Benchin Canoro Resources and Indian Rayon – Single Judge of the High Court to decide the writ petition expeditiously – Major Port Trusts Act, 1963 – ss.59 and 61.Public Premises (Eviction of Unauthorised Occupants) Act,1971 – s.6 – Purpose of – Discussed.
Judge	Hon'ble Mr. Justice S. Abdul Nazeer
Neutral Citation	2019 INSC 245
Petitioner	Board Of Trustees For The Port Of Kolkata And Ors
Respondent	Apl (india) Pvt. Ltd. And Ors.
SCR	[2019] 4 S.C.R. 829
Judgement Date	2019-02-21
Case Number	3910

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Board of Trustees for The Port of Kolkata and Ors Vs. Apl (india) Pvt. Ltd. and Ors.

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Board of Trustees of The Port of Kolkata Vs. Kalipada Bhakat & Ors.

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971

The rajasthan public premises (eviction of unauthorised occupants) act, 1964

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Board of Trustees for The Port of Kolkata and Ors Vs. Apl (india) Pvt. Ltd. and Ors.

Board of Trustees for The Port of Kolkata and Ors Vs. Apl (india) Pvt. Ltd. and Ors.

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