One of the landmark judgments in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act) is the case of New India Assurance Company Ltd vs Nusli Neville Wadia And Another, decided by the Supreme Court in 2007.
In this case, the Supreme Court held that the PP Act is a self-contained Code and does not require the application of any other law, including the Transfer of Property Act, 1882. The Court also held that the Estate Officer under the PP Act has the power to evict an unauthorized occupant even if the occupant has a valid lease or licence from the government.
Another landmark judgment in the PP Act is the case of Cantonment Board & Anr vs Church Of North India, decided by the Supreme Court in 2011.
In this case, the Supreme Court held that the PP Act applies to all public premises, including those owned by cantonment boards. The Court also held that the PP Act is a special law and will prevail over any inconsistent provisions of the Cantonments Act, 1924.
These are just two examples of landmark judgments in the PP Act. There are many other important judgments that have been delivered by the courts on this law. These judgments have helped to clarify the scope and application of the PP Act and have provided much-needed guidance to government authorities and unauthorized occupants.
Here are some other landmark judgments in the PP Act:
- Ashoka Marketing Ltd. And Anr. vs Delhi Development Authority (2004): The Supreme Court held that the PP Act applies to all public premises, including those owned by government agencies.
- L.S. Nair vs Hindustan Steel Ltd., Bhilai And Ors. (1984): The Supreme Court held that the PP Act is a complete Code and does not require the application of any other law.
- Suhas H Pophale vs Oriental Ins.Co.Ltd.& Anr. (2014): The Supreme Court held that the PP Act is a public law and does not give rise to any private rights.
- Om Parkash vs Union Territory Of Chandigarh And Ors. (2015): The Supreme Court held that the PP Act is a remedial legislation and is intended to protect public property from unauthorized occupation.
These judgments have played a significant role in shaping the law on unauthorized occupation of public premises in India. They have provided much-needed clarity on the scope and application of the PP Act and have helped to protect public property from unauthorized occupation.