Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Eviction and damages Public Premises (Eviction of Unauthorised Occupants) Act Estate Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Public Premises (Eviction of Unauthorised Occupants) Act, 1971: Eviction and damages - MHADA constructed some buildings for lower and middle income group-- Leased out the land underneath-- the buildings to the respondent-Bank for 90 years — Bank took possession of land and ten such buildings with intention of housing the families of its 200 employees — Allotment was as per the absolute discretion of the management and not as a condition of service nor any right vested in any staff member — With a view to redevelop the plot in question, Bank stopped allotting the flats and floated a proposal for redevelopment of the plot by demolishing the building which necessitated eviction of employees from the flats occupied by them — Eviction ordered by Estate Officer — Employees also directed to pay damages -- Challenge against — Held: If there is violation of provision of lease deed between MHADA and the Bank, it is for them to settle their differences-- Employees do not come into picture at all — Employees have not made out case for their entitlement to continue in the allotted premises since the allotment was not part of their condition of service-- Time granted to employees to vacate-- However, order to pay damages to the bank for the use and occupation of the premises allotted is set aside. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 142 |
Petitioner | Suresh Narayan Kadam & Ors. |
Respondent | Central Bank Of India & Ors. |
SCR | [2016] 1 S.C.R. 1071 |
Judgement Date | 2016-02-05 |
Case Number | 1878-1879 |
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