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Public Premises (Eviction of Unauthorised Occupants) Act, 1971

48 judgments · newest first · showing 1–48

UDHARAM AMMUMAL PARWANIversusUNION OF INDIA and ORS.

Disposed Off

The petitioners, legal heirs of Udharam Parwani, occupied a 375.48 sq m premises originally allotted by Central Railway to the Sion Railway Employees’ Cooperative Society for a consumer store, paying Rs.6,000 per month. After the booking office shifted, the Estate Officer ordered eviction under the …

THE ESTATE MANAGER SEEPZversusSilicon Interfaces

Disposed Off

Silicon Interfaces (petitioner) challenged a City Civil Court order that confirmed its eviction from public premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, but required a fresh determination of rent arrears. The High Court, after considering an interim order …

AJAY KUMAR GUPTA AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS

The petitioners were evicted from shops under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and have filed multiple appeals before the Additional District Magistrate, Ballia. The High Court directed that these appeals be heard expeditiously with two hearing dates each week and …

BANK OF MAHARASHTRAversusMRS. GUNWANTI KASHINATH ZARKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

BANK OF MAHARASHTRAversusSHRI. A. B. SATARDEKAR AND ORS

Disposed Off

The Bank of Maharashtra, a nationalised bank, owned a chawl that it redeveloped into a new building and entered into tenancy agreements with the former tenants, Arjun Satardekar and Janabai Raut. After the tenants' deaths, the bank served notices under Section 106 of the Transfer of Property Act …

UNION OF INDIAversusMADAN MOHAN BANERJEE AND ORS.

Dismissed

The CBI filed an application seeking leave to appeal the acquittal of three accused (an Assistant Estate Manager and two private individuals) by a Special Judge who found them not guilty of conspiracy, cheating, criminal breach of trust and offences under the Prevention of Corruption Act. The …

NEW MANGALORE PORT TRUST & ANR.versusCLIFFORD D SOUZA ETC. ETC.

2025 INSC 440Appeal(s) allowed

The New Mangalore Port Trust (NMPT) had revised licence fees for land allotted to several licensees and issued demand notices for arrears. The licensees challenged the retrospective application of the revised tariff before the Karnataka High Court, which dismissed their writ petitions, leading NMPT …

CHANDIGARH ADMINISTRATOR & ORS. & ETC. ETC.versusMANJIT KUMAR GULATI & ORS. & ETC. ETC.

[2024] 12 S.C.R. 947Appeal(s) allowed

The Chandigarh Administrator sold a 99‑year leasehold booth site to Manjit Kumar Gulati and others in 1989, requiring 25% premium upfront and the balance in three installments. The allottees failed to pay the remaining 75%, were served a show‑cause notice, given multiple opportunities to clear dues, …

CENTRAL WAREHOUSING CORPORATION & ANR.versusM/S SIDHARTHA TILES & SANITARY PVT. LTD.

2024 INSC 805Dismissed

The Central Warehousing Corporation (CWC), a statutory body, entered into a three‑year lease with M/s Sidhartha Tiles for storage space, which contained an arbitration clause (Clause 16). Disputes later arose over the renewal of the lease and the legality of revised storage charges, prompting CWC to …

M/S BHARAT COKING COAL LTD.versusMAHENDRA PAL BHATIA AND ORS.

2022 INSC 379Appeal(s) allowed

The appeal concerned eviction proceedings against occupants of several plots in Dhanbad, which the government claimed were part of a coal mine vested in the Central Government under the Coal Mines (Nationalisation) Act, 1973. The respondents argued that the land was private property and not used as …

UNION OF INDIA & ANRversusOMKAR NATH DHAR (D) THROUGH L.RS.

2021 INSC 633Dismissed

The Supreme Court considered three miscellaneous applications filed by occupants of government accommodation in Delhi/NCR who are retired central government employees classified as Kashmiri migrants. The applications sought recall or modification of the Court’s earlier order that had struck down an …

MADAN MOHAN SINGHversusVED PRAKASH ARYA

2021 INSC 155Appeal(s) allowed

The appellant, Madan Mohan Singh, was allotted a market booth in 1972 with a clause prohibiting sub‑letting and transfer of rights. He later entered into a partnership with Ved Prakash Arya in 1976, which was later dissolved, after which Arya worked as an employee. Dispute arose when Arya claimed he …

CHANDIGARH ADMINISTRATION ANDversusHARI RAM

2019 INSC 866Appeal(s) allowed

The Chandigarh Administration allotted a commercial booth to Hari Ram in 1996 for a premium of Rs.70,500, but he failed to pay the subsequent installments and ground rent despite numerous opportunities. The lease was cancelled in 2006 and an eviction order was issued under the Public Premises …

MASROOR AHMAD KHANversusSTATE OF UTTARAKHAND & ORS.

2018 INSC 1132Leave granted

The appellant claimed to have been the highest bidder in a 1990 auction of residential quarter No.6 by the Nagar Palika and asserted that he had occupied the quarter since June 1990. He sought a direction under Section 35 of the Municipalities Act for the Nagar Palika to execute a sale deed in his …

LIFE INSURANCE CORPORATION OFversusNANDINI J. SHAH & ORS

2018 INSC 178Appeal(s) allowed

The Life Insurance Corporation of India (LIC) sought eviction of several respondents from a licensed premises under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Estate Officer ordered eviction; the respondents appealed to the Appellate Officer, identified as the District …

DELHI DEVELOPMENT AUTHORITYversusM/S. ANANT RAJ AGENCIES PVT. LTD.

2016 INSC 308Appeal(s) allowed

The Delhi Development Authority (DDA) leased a plot to Balraj Virmani for 20 years with an option to renew for another 20 years. The lessee breached lease conditions, was served notice, and after the lease expired on 10‑08‑1968 the DDA issued a termination notice on 01‑09‑1972. The lessee later sold …

SURESH NARAYAN KADAM & ORS.versusCENTRAL BANK OF INDIA & ORS.

2016 INSC 142Dismissed

The Maharashtra Housing and Area Development Authority (MHADA) built ten residential buildings and leased the land to the Central Bank of India for 90 years, with the bank allocating the flats to its Class III and IV employees at its absolute discretion, not as a condition of service. The bank later …

RAHUL YADAV &ANR.versusM/S. INDIAN OIL CORPORATION LTD.AND OTHERS

2015 INSC 462Dismissed

The petitioners, Rahul Yadav and others, purchased land and entered into a 30‑year lease with Indian Oil Corporation (IOC) to operate a petrol pump after being awarded a dealership. The dealership was later cancelled by the Court in Mukund Swarup Mishra's case, and IOC sought possession of the …

INTERNATIONAL AMUSEMENT LIMITEDversusINDIA TRADE PROMOTION ORGANISATION &ANR.

2014 INSC 877Dismissed

International Amusement Ltd (operator of "Appu Ghar") held a licence from the India Trade Promotion Organisation (ITPO) to occupy land in Pragati Maidan. Clause 28 of the licence agreement provided that any dispute would be referred to arbitration by the Chairman of ITPO or his nominee. After the …

BOARD OF TRUSTEES OF THE PORT OF KOLKATAversusKALIPADA BHAKAT & ORS.

2014 INSC 698Appeal(s) allowed

The Port Trust had allotted a plot of land to Raj Virmani on a month‑to‑month lease which was terminated in 1983, and eviction proceedings were instituted against him. In 1992 Kalipada Bhakat appeared before the estate officer as Virmani's power of attorney holder and later occupied the premises …

M/S BAND BOX PRIVATE LIMITEDversusESTATE OFFICER, PUNJAB & SIND BANK AND ANR.

2014 INSC 138Appeal(s) allowed

M/s Band Box Private Ltd had been in possession of premises at 18/90 Connaught Circus since 26 March 1952. Punjab & Sind Bank acquired the property on 31 December 1978 and served a notice under Section 106 of the Transfer of Property Act on 15 November 1999, seeking eviction under the Public …

DR. SUHAS H. POPHALEversusORIENTAL INSURANCE CO. LTD. AND ITS ESTATE OFFICER

2014 INSC 92Appeal(s) allowed

Dr. Suhas H. Pophale occupied a flat in the Indian Mercantile Mansion under a leave‑and‑license agreement dated 20‑12‑1972, which was later deemed a tenancy under Section 15A of the Bombay Rent Act (effective 1‑Feb‑1973). The premises became owned by Oriental Insurance Co. Ltd., a government‑owned …

S.D. BANDIversusDIVISIONAL TRAFFIC OFFICER, KSRTC & ORS.

2013 INSC 440Disposed off

The appeal arose from the appellant, a driver of KSRTC, who failed to vacate a government quarter after being transferred and whose eviction order was upheld by the High Court but later set aside by the Supreme Court. The Court examined the effectiveness of the Public Premises (Eviction of …

BANATWALA & COMPANYversusL.L.C. OF INDIA & ANR.

2011 INSC 697Appeal(s) allowed

The appellant, Banatwala & Co., a tenant of premises owned by Life Insurance Corporation of India (LIC), sought fixation of standard rent and restoration of essential services under the Maharashtra Rent Control Act, 1999 after the landlord raised rent and failed to repair a lift. The respondents …

BHARAT PETROLEUM CORPORATION LTD.versusCHEMBUR SERVICE STATION

2011 INSC 174Matter referred to larger bench

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a …

MUMBAI INTERNATIONAL AIRPORT PVT. LTD.versusM/S. GOLDEN CHARIOT AIRPORT AND ANR.

2010 INSC 633Appeal(s) allowed

Golden Chariot Airport held a licence to operate a restaurant at Mumbai Airport, which was initially for three years and later extended twice. The licence holder claimed the licence was irrevocable based on alleged oral assurances and sought to prevent eviction after the licence expired. The Supreme …

UNION OF INDIAversusRESHMA YADAV AND ORS.

2006 INSC 697Disposed off

The Union of India sought damages for the unauthorized occupation of shops and stalls in the Lodhi Road Complex after the Supreme Court cancelled earlier allotments and ordered the occupants to vacate. The respondents, who never participated in the tender process, remained in possession despite …

SECRETARY, O.N.G.C. LTD. AND ANR.versusV.U. WARRIER

2005 INSC 217Appeal(s) allowed

The case concerned V.U. Warrier, a former "gold‑collar" officer of the Oil and Natural Gas Commission (ONGC), who after retirement failed to vacate a residential quarter allotted to him and was charged penal rent. ONGC deducted Rs.53,632 of the penal rent from the gratuity payable to Warrier under …

THE CORPORATION OF CALICUTversusK. SREENIVASAN

2002 INSC 259Appeal(s) allowed

The Kerala Corporation of Calicut owned a building that it let to K. Sreenivasan as a licensee for a lodging house and restaurant. When Sreenivasan defaulted on the licence fee, the licence was terminated on 13 January 1989, but he continued to occupy the premises. The Estate Officer, under the …

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 1533Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the …

LIFE INSURANCE CORPORATION OF INDIAversusSHIVA PRASAD TRIPATHI AND ORS.

1996 INSC 96Appeal(s) allowed

Shiva Prasad Tripathi, a former employee of Life Insurance Corporation of India, was allotted corporation premises which he was required to vacate after his service ended. He refused to leave, prompting the Estate Officer to issue a notice and subsequently an eviction order under Section 7 of the …

LUMBINI NAGAR COOP. HOUSING SOCIETY LTD. AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 476Disposed off

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their …

ACCOUNTANT AND SECRETARIAL SERVICES PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

1988 INSC 179Dismissed

The appellant, a private limited company, occupied part of premises owned by United Commercial Bank and challenged an eviction notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The company argued that the Act, as applied to premises of a public‑sector …

UNION OF INDIA & ANR.versusWING COMMANDER R.R. HINGORANI (RETD.)

1987 INSC 29Appeal(s) allowed

Wing Commander R.R. Hingorani, a retired Air Force officer, was allotted a government flat in 1968. After his transfer in 1970 he failed to inform the Directorate of Estates and continued to occupy the flat for nearly five years beyond the two‑month concessional period, after which the allotment was …

EXPRESS NEWSPAPERS PVT. LTD. & ORS.versusUNION OF INDIA & ORS.

1985 INSC 238Disposed off

The petitioners, Express Newspapers Pvt. Ltd. and others, challenged two notices: one issued by the Engineer Officer, Land & Development Office, for re-entry upon forfeiture of lease, and another by the Zonal Engineer (Building), Municipal Corporation of Delhi, for demolition of the Express …

JAIN MALLEABLESversusBHARAT SAHAY

1981 INSC 198Dismissed

The respondent, a government employee and landlord, sought eviction of the appellants under section 14A of the Delhi Rent Control Act, 1958, claiming he needed the premises for personal occupation because earlier government notifications (9‑Sept‑1975 and a special order of 22‑Jan‑1976) required him …

JAIN INK MANUFACTURING COMPANYversusLIFE INSURANCE CORPORATION OF INDIA & ANR.

1980 INSC 160Dismissed

The Life Insurance Corporation of India (LIC) bought a building at auction and the appellant, Jain Ink Manufacturing Co., was a tenant under the previous owner. LIC served notice under Section 106 of the Transfer of Property Act to terminate the tenancy, but the appellant remained in possession. LIC …