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Supreme Court Dismisses Appeal by Steamer Agent Challenging Port Trust Circular Limiting Storage Duration. Circular Held Valid as Administrative Measure to Decongest Port, Not a Tariff Fixation.

The appellant, Maheshwary Handling Agency Private Limited, a steamer agent, challenged a circular dated 31st August 1998 issued by the Traffic Manager...

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Supreme Court Addresses Constitutional Balance Between Forest Conservation and Human Rights in Assam Reserved Forest Encroachment Case -- Eviction Notices Challenged on Grounds of Arbitrariness and Violation of Natural Justice

The Supreme Court addressed multiple appeals and writ petitions challenging eviction notices issued by the Assam Forest Department to residents of vil...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Bombay High Court Dismisses Appeals Against LIC Eviction Order — Upholds Estate Officer's Jurisdiction Under Public Premises Act. Lease Determination and Non-Payment of Rent Justify Eviction of Tenants from LIC Premises.

The case involves two Letters Patent Appeals filed against a common judgment of a Single Judge of the Bombay High Court dismissing writ petitions chal...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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Bombay High Court Dismisses Petition Challenging Eviction of Unauthorised Occupant from Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing unauthorised constructions as it is procedural in nature.

The petitioner, Bharat Purohit Mithaiwala, challenged an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premises (Evicti...

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Bombay High Court Dismisses Challenge to Eviction Order Under Public Premises Act — Unauthorised Construction on Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing structures as it is procedural and not retrospective in operation.

The petitioner, C. Muthuswami, filed a writ petition challenging an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premi...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act — Land Already Acquired Under Land Acquisition Act, 1894. Petitioners' Claim of Possession Since 1954 Fails as Land Vested in Airport Authority After Acquisition in 1947-48.

The petitioners, heirs of Mohan Bhika Rathod, filed a writ petition challenging an eviction order passed by the Estate Officer under the Public Premis...