SOUTH BENGAL AUTOMOBILES Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioners have challenged a General Notice for eviction of commercial plots over Kharagpore Division of the South Eastern Railway dated November 23, 2015. Learned counsel for the petitioner submits, at the outset that the Notice was apparently issued under Sec. 147 of the Railways Act, 1989 (for the sake of brevity, "the 1989 Act"). It is submitted, at the outset, that the said provision confers unbridled power on the railway-authorities to evict occupants arbitrarily without following due process of law. As such, the said provision ought to be declared ultra vires the Constitution. It is not only violative of the Natural Justice principle of audi alterem partem but also contravenes Article 14 of the Constitution of India since parallelly, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as, "the 1971 Act") provides for a detailed procedure and right of show cause to the occupants prior to such eviction, even if an unauthorized occupant.

(2.) It is submitted that such disparity between otherwise similarly placed occupants, both in respect of Government property, shall create an anomaly inasmuch as the authority may take out proceedings duly under the 1971 Act against some occupants and a summary procedure, without any due process of law under Sec. 147 of the 1989 Act against others.

(3.) Sec. 147 of the 1989 Act, it is argued, has no non-obstante clause to exclude Ss. 4, 5 and 7 of the 1971 Act. Hence, parallel proceedings are maintainable under both Acts, which gives rise to the possibilities of unequal usage of the two in respect of different occupants.