Petitioners' Reliance on Aadhar Cards Fails to Prove Legal Occupancy of Public Premises
In a recent judgment, the Calcutta High Court dismissed a writ petition filed by Md. Idrish and others challenging the demolition proceedings initiated by the Kolkata Port Trust and Union of India concerning certain residential quarters in Garden Reach, Kolkata. The petitioners claimed to be residing in these quarters, presenting Aadhar Cards as evidence of their occupancy. However, Justice Partha Sarathi Sen found that the petitioners failed to provide substantial evidence of their legal right to occupy the premises.
The court scrutinized the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, particularly Sections 2(g), 4, and 5, which outline the process for evicting unauthorized occupants. The petitioners argued that the demolition process was initiated without following the due procedures mandated by the Act, such as issuing a notice and allowing for a cause to be shown.
Despite the petitioners' claims, the court noted the absence of any authoritative documentation proving their right to reside in the quarters. The petitioners' reliance on Aadhar Cards was deemed insufficient, as these documents did not establish legal possession or authority over the premises in question. Furthermore, the Kolkata Port Trust highlighted the structural risks associated with the premises, citing a memo from the Deputy Commissioner of Police warning of the imminent danger posed by the dilapidated quarters.
The court emphasized that without evidence of unauthorized occupation, as defined under the Act, the provisions of Sections 4 and 5 were inapplicable. The judgment also distinguished this case from the precedent cited by the petitioners, where a valid lease had been revoked, a situation not paralleled in the present case.
Justice Sen's ruling underscores the necessity for occupants of public premises to substantiate their legal claims with more than just residence documentation. The decision reaffirms the importance of adhering to the statutory framework for eviction while balancing the safety concerns of potentially hazardous structures.
Bottom line:-
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Petitioners failed to substantiate their alleged unauthorised occupation of residential quarters owned by the respondent authorities - Mere submission of Aadhar Cards not sufficient evidence of occupation - Sections 4 and 5 of the Act of 1971 found inapplicable due to lack of evidence supporting petitioners' claims.
Statutory provision(s): Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Sections 2(g), 4, and 5
Md. Idrish v. Union of India, (Calcutta) : Law Finder Doc id # 2932487
