W.B. ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LTD. AND ANR. Vs. THE BOARD OF TRUSTEES OF THE PORT OF CALCUTTA AND ORS.

JUDGEMENT

(1.) The petitioners are questioning the notice of the estate officer dated Feb. 19th, 2008 issued under section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(2.) In the grounds the estate officer mentioned that the first petitioner had unauthorisedly parted with the possession and erected constructions. He also stated that it had failed and neglected to hand over possession of the public premises in spite of demand made by quit notice dated Feb. 6th, 2006. The estate officer recorded his opinion that on the facts brought to his notice the first petitioner being an unauthorised occupant of the public premises was liable to be evicted.

(3.) Counsel for the petitioners argues that the estate officer acted without jurisdiction, because on the allegation of making unauthorised constructions he could not issue the section 4 notice, when power to remove unauthorised constructions, if any, was conferred on him only by the provisions in section 5A. I do not find any merit in the argument. The allegation of making unauthorised constructions was one of the allegations made. The principal allegation was that in view of the quit notice terminating the tenancy, the first petitioner, having failed to hand over possession of the public premises, was an unauthorized occupant thereof liable to be evicted.