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Supreme Court of India 2018-12-11 disposed

Western Coalfields Ltd. & Anr vs Ballapur Collieries Company & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Western Coalfields Ltd., a Government company, initiated eviction proceedings against occupants under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971. The High Court quashed these summary proceedings, finding the factual disputes too complex for the Estate Officer's summary jurisdiction. The Supreme Court affirmed this decision, holding that the company must pursue a civil suit under general law rather than the summary statutory remedy. The respondents were barred from raising a limitation defence, and the company was given six months to file suit.

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Real Property Eviction Administrative Law Public Premises Civil Procedure Limitation Judicial Review

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