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Supreme Court of India 2020-03-18 dismissed

WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. & ORS vs M/S. SONA PROMOTERS PVT. LTD. & ORS

Bench: 2 — S. Abdul Nazeer, Deepak Gupta

In Brief

The West Bengal Small Industries Development Corporation leased bare industrial plots to a small-scale industry operator under lease deeds. When the operator failed to commence construction within the specified period, the Corporation sought eviction under the West Bengal Government Premises (Tenancy Regulation) Act, 1976. The Supreme Court held that although the Corporation qualifies as a Government undertaking, bare land alone does not constitute 'Government premises' under the Act's definition, which requires a building, hut, or seat in a room. The Court affirmed that eviction proceedings under the Act were without jurisdiction and the Corporation must instead pursue remedies under the West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962.

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Administrative Law Tenancy Law Real Property Government Undertakings Statutory Interpretation Eviction and Possession Industrial Policy

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