Public premises eviction act..citation..

PUBLIC PREMISES: Eviction Orders

An order of eviction validly made in accordance with the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, cannot be interfered with, even if there has been any transgression of any guidelines, except where it is arbitrary or mala fide or in violation of any statutory provision. The only ‘remedy' of any person complaining of non-compliance with such guidelines, is to bring such violation, to the notice of a higher authority. An unauthorized occupant or tenant against whom action is initiated under the Public Premises Act, cannot resist the proceedings on the ground of non-compliance with the said guidelines.

In this case, respondent was in occupation of the shop in 1961 when the premises was purchased and he continued in such occupation and paid the rents regularly. The bank issued a notice demanding him to vacate the premises as it required the property for demolition and reconstructions. As the demand was not met, eviction proceedings were initiated which were resisted by the legal heirs of the tenant. An order of eviction passed by the Estate Officer was affirmed by the Appellate Authority. However, the High Court set aside the order of eviction on the ground that the bank had not complied with the guidelines issued by the Central Government.

Syndicate Bank v. Ramachandran Pillai , 2011 (1) SCALE 368; Decided on 4-1-2011 (SC) [R.V. Raveendran and A.K. Patnaik, JJ.]

Read for more information about public premises eviction at public premises eviction act.