Latest news with #EvictionofUnauthorisedOccupants)Act
New Indian Express
6 days ago
- Politics
- New Indian Express
Orissa High Court upholds eviction of religious structure from govt land in Rajgangpur
CUTTACK: In a significant judgment, the Orissa High Court has upheld the eviction of a religious structure located on government land in Rajgangpur municipality of Sundargarh district. The order passed by Justice SK Panigrahi on July 18 dismissed a writ petition filed by the managing committee of Lal Baba Dargah (Mazahar), challenging their eviction initiated by local authorities in 2015. The petitioner had contested the eviction proceedings initiated by the sub-collector-cum-estate officer, Sadar, Sundargarh under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The eviction order, passed on September 26, 2015, was subsequently upheld by the collector of Sundargarh on July 19, 2016. The petitioner had sought quashing of both orders. At the core of the dispute was whether the land in question, classified as Rasta (road), qualified as 'public premises' under the 1972 Act. The court observed that the land lies within the jurisdiction of Rajgangpur municipality and recorded in the name of state government, which clearly place it within the statutory definition of 'public premises.' Justice Panigrahi noted that the classification of the land as Rasta only reaffirmed its public character and did not preclude action under the Eviction Act. He rejected the petitioner's argument that such land should be treated differently, terming the contention as 'misconceived' and 'contrary to the plain language' of the statute. The court further ruled that the existence of structures for religious or public purposes cannot legitimise unauthorised occupation of government land unless such occupation is regularised under law. 'No amount of well-intentioned justification can override the statutory restrictions,' the judgment stated.
Time of India
22-07-2025
- Time of India
HC upholds eviction of unauthorised structure on govt land
Cuttack: Orissa high court has upheld eviction proceedings against a religious structure situated on govt land under Rajgangpur Municipality area of Sundargarh district. In a July 18 judgment, Justice S K Panigrahi dismissed the writ petition filed by the petitioner, bringing to an end a decade-old legal battle. The structure is said to be more than 40 years old. The petitioner had challenged the 2015 eviction order passed by the sub-collector-cum-estate officer (Sadar), Sundargarh, under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The order was later upheld by the Sundargarh district collector in 2016. The petitioner contended that the land, recorded as rasta (road), could not be treated as "public premises" under the Act and cited the existence of long-standing structures used for religious purposes. However, the court rejected the argument, observing that the land fell squarely within the definition of "public premises" as it lies within the municipal limits of Rajgangpur, and is recorded in the name of the state govt. "The classification as rasta affirms its public character and reinforces its inclusion within the scope of the statute," the court noted. Justice Panigrahi held that the Orissa Public Premises Act provides a clear legal mechanism for evicting unauthorised occupants from public land and that no distinction could be drawn between different types of govt land when it comes to enforcement. The court further observed that even if the structure was serving public or religious purposes, such unauthorised occupation cannot be regularised without due legal sanction.
The Hindu
07-07-2025
- Politics
- The Hindu
HC asks Centre to respond to AAP's plea seeking relief from rent
The Delhi High Court on Monday asked the Centre to respond to a plea by the Aam Aadmi Party (AAP) against the demand for rent for its party office in Vithalbhai Patel House. The notice was issued in response to a fresh petition in an ongoing case based on the party's challenge to the Centre's decision cancelling the allotment of a suite in the residential-cum-office complex to AAP. The court directed the authorities to file their response within two weeks and posted the matter for July 22. AAP told the court that the Directorate of Estates, Ministry of Housing and Urban Affairs, cancelled the allotment of a suite on September 14, 2024 and that the party was informed about the decision on January 17 this year. AAP has contended that the decision was made without prior notice, and even after it vacated the office on April 30 this year, it was illegally charged ₹8 lakh as rent. After AAP's counsel urged the court to stay a reminder notice on June 20 demanding the rent, the Centre's lawyer said the matter was not urgent as only a notice had been issued. The Centre assured the court that it would proceed in line with the Public Premises (Eviction of Unauthorised Occupants) Act.
Time of India
24-05-2025
- Time of India
SC upholds fine on Nainital church official for misusing laws to delay eviction proceedings
Dehradun: Supreme Court has dismissed a petition challenging an Uttarakhand high court order that fined a Methodist Church official for misusing legal procedures to delay eviction proceedings. A SC bench of Justice Surya Kant and Justice N Kotiswar Singh upheld the HC view that the church superintendent's legal move amounted to an abuse of the process of law. The petition had been filed by the district superintendent of the Methodist Church in Nainital against a high court decision dated March 21, which imposed a penalty of Rs 10,000 in a case under the UP Public Premises (Eviction of Unauthorised Occupants) Act, 1972, which provides a legal framework for evicting unauthorised occupants from public land and empowers authorities to issue eviction notices under section 4(1), allowing for a swift and summary process without prolonged litigation. In this case, the proceedings were initiated against Naveen Bhan by district authorities, who served a notice under section 4(1). The Methodist Church superintendent later filed an application seeking impleadment in these eviction proceedings, claiming ownership of the property. The prescribed authority rejected his application on Jan 31, stating it was not relevant to the summary nature of the case. The petitioner then approached the high court, which refused to interfere with the authority's order. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng với sàn môi giới tin cậy IC Markets Đăng ký Undo The court noted that whether the Methodist Church owned the land could not be determined in summary eviction proceedings. It said the only issue at hand was whether Bhan was in unauthorised occupation of public property. "Anyone who claims to be the owner of the land in question is always at liberty to approach a civil court or any other competent court of law for a declaration of his rights or for other appropriate relief. Thus, there is no scope for interference," the high court said. The court found merit in the argument made by state counsel that the superintendent acted in collusion with Bhan to delay the eviction process. It concluded that the impleadment application was a misuse of legal provisions under the Act. "The petition is an example of abuse of the process of law; therefore, the same is dismissed with a cost of Rs 10,000, to be deposited with the high court bar association within two weeks from today, failing which it shall be recoverable through the district collector of Nainital," the court ordered on March 21. The UP Public Premises Act is specifically designed to prevent delays in removing unauthorised occupants from public land and to allow for quick resolution without shifting the focus to ownership disputes. Authorities can recover rent or damages as arrears of land revenue, further strengthening enforcement under this law.
