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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 Board of Trustees of the Port of Kolkata sought to seize and sell containers belonging to third parties (APL and others) that were lying on public premises being recovered from an unauthorized tenant. The key issue was whether the Port Trust, under Section 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, could dispose of goods belonging to parties with no contract with the Trust. The Supreme Court held that Section 6 operates independently and authorizes the Estate Officer to sell such goods, deduct arrears and costs, and remit the balance to entitled persons. The Court affirmed the Full Bench's approach and remitted the writ petition for decision on merits by the High Court."

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Administrative Law Property Law Public Premises Eviction Procedures Civil Procedure

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