The State Of West Bengal & Anr vs M/S. Banalata Investment Pvt. Ltd. & Anr

The Supreme Court upheld the Calcutta High Court's finding that the dispossession of the Writ Petitioners was arbitrary and without due process, emphasizing the necessity of following the West Bengal (Public Land Eviction of Unauthorized Occupants) Act, 1962 for eviction. The Court clarified that the provisions of the West Bengal Government Premises Tenancy Regulation Act, 1976 were not applicable as the Writ Petitioners were not tenants of the State Government. The judgment confirmed that while the property vested in the State Government, the Writ Petitioners' possession could not be disturbed without legal recourse as per the 1962 Act.