The Court emphasizes the necessity of due process and adherence to the Public Premises Act before eviction or demolition.
In a significant judgment, the Division Bench of the Calcutta High Court, comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, has restrained the Syama Prasad Mookherjee Port, formerly known as the Calcutta Port Trust, from proceeding with the demolition of residential quarters in the Garden Reach area of Kolkata. The demolition drive was challenged by Md. Idrish and others, who claimed to be occupants of the premises.
The appellants presented documents like Aadhaar Cards, Voter's Identity Cards, and Gas Supply Bills as prima facie evidence of their occupation. However, the Port Authorities initiated the demolition without issuing notices or conducting hearings, as required by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
The court observed that under Sections 4 and 5 of the Act, the authorities must issue a notice, provide an opportunity to show cause, and conduct a hearing before taking any eviction or demolition action. The lack of adherence to these procedures was deemed a violation of the principles of natural justice.
Furthermore, the court clarified that Aadhaar Cards and similar documents, while not conclusive proof of occupation, are sufficient for prima facie evidence under the Act. The Port Authorities' actions, therefore, were found to be unlawful and without jurisdiction.
This decision underscores the importance of following due process and the statutory safeguards enshrined in the Public Premises Act, ensuring that occupants are given a fair opportunity to contest eviction actions.
Bottom Line:
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Demolition drive initiated by Port Authorities - Prima facie proof of occupation is sufficient to invoke the provisions of the Act - Aadhaar Cards and other documents such as Gas Supply Bills and Voter's Identity Cards can be considered prima facie evidence of occupation - Authorities must comply with Sections 4 and 5 of the Act and cannot undertake demolition without due process.
Statutory provision(s): Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Sections 4, 5, 5-A, 5-B, 5-C; Aadhaar Act, 2016; Evidence Act; Principles of Natural Justice
Md. Idrish v. Union of India, (Calcutta)(DB) : Law Finder Doc id # 2944608
