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Supreme Court of India 2019-02-21 disposed

Board of Trustees For The Port of Kolkata and Ors vs APL (India) Pvt. Ltd. and Ors

Bench: 3 — S. Abdul Nazeer

In Brief

The Supreme Court clarified that a Port Trust can seize and auction goods lying on public premises after eviction of an unauthorized occupant, even if those goods belong to third parties with whom the Port Trust has no contract. Under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Estate Officer may dispose of such goods by public auction, deduct arrears of rent and damages from the sale proceeds, and remit the balance to the person appearing entitled. The Court rejected reliance on separate Port Trust Act provisions, holding that the eviction statute is self-contained for this purpose."

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Eviction Public Premises Property Rights Administrative Law Port Authority Recovery of Dues

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