Supreme Court of India · 2010-12-01
LAXMI RAM PAWAR vs SITABAI BALU DHOTRE
- Citation / case number
- SC 2004/21108
- Court
- Supreme Court of India
- Petitioner
- LAXMI RAM PAWAR
- Respondent
- SITABAI BALU DHOTRE
- Author
- R.M. LODHA
- Bench
- AFTAB ALAM,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court addressed whether a trespasser qualifies as an 'occupier' under Section 2(e)(v) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and if eviction requires written permission from the Competent Authority as per Section 22(1)(a). The Court held that a trespasser is not covered under the definition of 'occupier' and thus, the requirement for permission does not apply in this case. Consequently, the appeal was allowed, overturning the lower court's dismissal of the suit for lack of permission.