Court Affirms Due Process of Law Must Be Followed Even for Unlawful Possession
The Uttarakhand High Court, presided over by Justice Manoj Kumar Tiwari, has quashed an eviction notice issued by the Northern Railways, emphasizing the necessity of following the due process of law even in cases of unlawful possession. The decision was rendered in the case of Ajay Kumar v. Northern Railways, wherein the petitioner challenged the legality of the eviction notice on grounds of constitutional rights.
The dispute arose when Northern Railways issued a general notice demanding eviction of occupants from railway land within 30 days, threatening forcible removal and financial liabilities for non-compliance. The petitioners, claiming ownership of the contested land in Jharipani, Mussoorie, supported their claim with sale and gift deeds.
The court observed that the eviction notice lacked any statutory backing and failed to specify the legal provisions under which it was issued. The judgment reiterated the constitutional principle that forcible dispossession without legal sanction constitutes a violation of both constitutional and human rights. The court underscored that even a person in unlawful possession cannot be removed without a proper court order and adherence to established legal procedures.
Citing the Supreme Court's decision in Padhiyar Prahladji Chenaji v. Maniben Jagmalbhai, the court reinforced the doctrine that settled possession, even if unlawful, cannot be disturbed by the true owner without following due legal process. The High Court's ruling quashes the administrative notice, preventing the forcible eviction and upholding the petitioners' immediate rights to the property unless challenged through proper legal channels.
This judgment serves as a significant reminder of the adherence to due process, emphasizing that lawful procedures must be followed in property disputes, safeguarding individual rights against arbitrary administrative actions.
Bottom line:-
Even a person in unlawful possession of immovable property cannot be dispossessed forcibly without following due process of law.
Statutory provision(s): Constitution of India - Due process of law, Administrative Action - Quashing of eviction notice, Railways Land Eviction.
Ajay Kumar v. Northern Railways, (Uttarakhand) : Law Finder Doc id # 2929071
