Supreme Court of India
West Bengal Small Industries Development Corporation Ltd. & Ors. v. M/s. Sona Promoters Pvt. Ltd. & Ors.
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What the Court ordered
We hold that the eviction proceedings initiated by the Corporation against respondent No.1 under the Act was wit hout jurisdiction. 33.The High Court, in the concluding paragraph of the impugned judgment, has held that the Corporation has to seek eviction of respondent No.1 from the premises in question under the provisions of the West Bengal Public Land (Eviction of Unauthorized Occup ants) Act, 1962.
Judgment, page 13
From the headnote
West Bengal Government Premises (Tenancy Regulation) ct, 1976 – ss.2(a),(b), (c) and 3(2) – Appellant-Corporation purch ased immovable properties including a factory with land belonging to a company – For purpose of setting up a small-scale industrial zone, the Corporation constructed an administrative block, after demolishing the existing structure, divided the area into sm all plots – Respondent no.1 was allotted three plots of land – Prescribed authority terminated the lease deed in accordance w ith s.3(2) of 1976 Act r/w r.3(1), 1976 Rules for violation of le ase deed, i.e. for not taking
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