MOHD. RAMZAN SHAH & ORS. vs STATE OF JAMMU & KASHMIR & ORS.

The Supreme Court upheld the High Court's decision, confirming that the action taken by the Municipality to demolish was illegal due to non-compliance with Sections 238 and 239 of the Municipal Act. The Court found that the appellants were in unauthorized occupation under the Jammu and Kashmir (Public Premises Eviction of Unauthorised Occupants) Act, 1959, as the transfer of land by the legal heirs of Dewan Bishen Dass was made without prior government permission, thus determining the lease. The appeal was allowed, affirming the legality of the eviction notice issued to the appellants.