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Supreme Court of India 2019-03-15 allowed

Kaikhosrou (Chick) Kavasji Framji & Anr vs Union of India & Anr

Bench: 2 — <UNKNOWN>

In Brief

The appellants, owners of property originally leased by their ancestor and later inherited, challenged a notice issued by the Union of India under the Public Premises Act requiring them to vacate as unauthorized occupants. The appellants contended the property was held as freehold tenure and not resumable by the government. The High Court dismissed their writ petition, but the Supreme Court allowed the appeal, finding the notice lacked proper legal foundation. The Court quashed the notice through a writ of certiorari, holding that the government had not adequately established the basis for treating the property as resumable or the appellants as unauthorized occupants.

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Land Requisition Eviction and Possession Public Premises Property Rights Administrative Law Writ Jurisdiction

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