Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 4(2) and 4(8) 3(2) 1980-Section 3(1) 4(1) Rent Control and Eviction: Great Eastern Hotel (Acquisition of Undertaking) Act 4(7) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control and Eviction: Great Eastern Hotel (Acquisition of Undertaking) Act, 1980-Section 3(1), 3(2), 4(1), 4(2), 4(7), and 4(8), Acquisition of Hotel Premises by the State Government-Effect of-Relationship of Landlords and Tenants-Held, relationship of landlords and tenants between State Government and occupants/tenants of the premises continues. Eviction of occupants/tenants-Use of force-Whether permissible-Held, State Government cannot use force to remove occupants/tenants from the premises-Such action is destructive of the basic principle of rule of law-- Great Eastern Hotel Taking over of Management Act, 1975. West Bengal Government Premises (Tenancy Regulation) Act, 1976. Section 6-A-Eviction of unauthorised tenants-Invoking of-Cannot be invoked by the Authority as the relationship of Tenants-Landlords continues even after the acquisition of premises by the State Government. Appellant-State had taken over the management of the Undertaking of Great Eastern Hotel Ltd., a Company, under the provisions of the Great Eastern. Hotel (Taking over of Management) Act, 1975. Subsequently, as per provisions of the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 the Undertaking of the said Hotel was taken over by the Appellant-State and transferred to Great Eastern Authority set up under the Act. The Authority as per direction of the State issued a Circular to occupants of the premises of the Hotel to provide them opportunity to establish their rights, if any, to remain in possession/occupation of the premises but Respondents-occupants· neither responded nor delivered the possession. The State, after oral warning, removed the occupants by force. Respondent-occupants moved the High Court by filing Writ Petitions challenging the action of the Government in dispossessing them by force and prayed for restoration-of possession as they were tenants even after the Act of 1980 came into force. While disposing of the Writ Petition, High Court held that there was no element of public interest involved which would justify forcible dispossession of the respondents occupants from the Hotel premises, which was a commercial venture and the Act of 1980 does not provide for use of force eviction of tenants. Aggrieved, State preferred appeals before this Court. It was contended for the appellant-State that there was no transfer of the lands and buildings to the Hotel Authority. Hence any action by the Authority against the respondents would not be binding on the Government, and that as per provisions contained in Section 3(1) of the Act of 1980, on the appointed day the vesting of Undertaking was absolute and complete; thus the tenancy between the respondents and the erstwhile Company came to an end; and that respondents were in default of their legal liability to hand over the possession of the premises; and that State Government, under the circumstances, could take necessary steps which include eviction by force to secure possession; and that the respondents were trespassers, therefore, the Government could evict them as per provisions of the West Bengal Government Premises (Tenancy Regulation) Act of 1976. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 154 |
Petitioner | State Of West Bengal And Ors. |
Respondent | Vishnunarayan And Associates (p) Ltd. And Anr. |
SCR | [2002] 2 S.C.R. 557 |
Judgement Date | 2002-03-19 |
Case Number | 6899 |
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