Case Note & Summary
The petitioner, C. Muthuswami, filed a writ petition challenging an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which was upheld by the appellate court (2nd Addl. Principal Judge, City Civil Court, Mumbai) on 3.10.2003 in Misc. Appeal No.200 of 2003. The petitioner had constructed a structure on railway land near Aarey Road, Goregaon (West), Mumbai, which he claimed existed since 1978. The respondents, Union of India through Western Railway and the Estate Officer, issued a notice under Section 5A of the Act, inserted by Act No.61 of 1980 with effect from 20.12.1980, directing removal of the unauthorised construction. The petitioner argued that Section 5A could not be applied retrospectively to a structure built before its enactment. The Court, per S.A. Bobde, J., rejected this contention, holding that Section 5A is procedural in nature and does not create new rights but provides a remedy for removal of unauthorised constructions. It applies to all unauthorised constructions irrespective of when they were erected. The Court found no merit in the petition and dismissed it, upholding the eviction order. The judgment was delivered on 4.2.2005.
Headnote
A) Public Premises Act - Eviction of Unauthorised Occupants - Section 5A - Applicability to Pre-existing Constructions - The petitioner challenged eviction proceedings under Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, arguing that the provision was inserted in 1980 and could not apply to his structure which existed since 1978. The Court held that Section 5A is procedural and does not create new rights; it provides a remedy for removal of unauthorised constructions and applies to all such constructions regardless of when they were erected. The contention that the provision cannot be applied retrospectively was rejected. (Paras 3-5)
Issue of Consideration
Whether Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, inserted with effect from 20.12.1980, can be invoked for unauthorised constructions that existed prior to that date.
Final Decision
The Court dismissed the writ petition, upholding the eviction order and the appellate order. Rule discharged with no order as to costs.
Law Points
- Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act
- 1971 is procedural and applies to pre-existing unauthorised constructions
- Section 5A does not create new rights but provides a remedy for removal of unauthorised constructions
- The power under Section 5A can be exercised irrespective of when the construction was erected
