Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The Court added that the eviction proceedings initiated under the statute must continue without any interference unless the proceedings violate principles of natural justice. The bench comprising Justices Dipankar Datta and Prashant Kumar Mishra was hearing an appeal filed by the Municipal Corporation of Greater Mumbai against the High Court's interference in the exercise of quasi-judicial powers of the Inquiry Officer who is authorized to conduct an inquiry into the eviction proceedings under the Mumbai Municipal Corporation Act, 1988 (“Act”). Citing the lack of regulation governing the inquiry into the eviction proceedings, the High Court had framed the point of determination for the Inquiry Officer. Setting aside the High Court's decision, the judgment authored by Justice Datta emphasized that the eviction proceedings of unauthorized occupants of public premises ought to be conducted under the statutory limits. The Court observed that lack of regulation in conducting the inquiry into the eviction proceedings would not validate the High Court's interference upon framing a point of determination for the inquiry officer who holds quasi-judicial powers under the Act. The Court added that unless there's a violation of the natural justice principle, no interference could be made exercising quasi-judicial powers. “it is held that the High Court in the present case exceeded the ambit of both, its writ and supervisory, jurisdiction insofar as it proceeded to frame points for determination in a summary proceeding, more so when the proceedings were at the embryonic stage of notice having been issued to the respondents. Having directed that the proceedings be conducted in consonance with the principles of natural justice, the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise. The High Court could, at best, have moulded relief as deemed fit and proper, but in framing issues for the Inquiry Officer to determine, the High Court went far beyond its domain by substituting its own wisdom for that of the civil court.”, the court said. Appearance:For Petitioner(s) Mr. Dhruv Mehta, Sr. Adv. Ms. Ashish Wad, Adv. Mr. Manoj Wad, Adv. Mrs. Tamali Wad, Adv. Ms. Swati Arya, Adv. Ms. Akriti Arya, Adv. Ms. Nishi Sangatani, Adv. M/S. J. S. Wad and Co., AORFor Respondent(s) Mr. Rajendra Pai, Sr. Adv. Mr. Aloukik Pai, Adv. Mr. Akshay Pai, Adv. Mr. Anand Dilip Landge, AOR Mrs. Sangeeta S. Pahune Patil, Adv. Mr. Sumit Kumar, Adv.Case Title: MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS VERSUS VIVEK V. GAWDE ETC. ETC.Citation : 2024 LiveLaw (SC) 1017Click here to read/download the judgment

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

Yash Mittal

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