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december 2018

Supreme Court of India · 2018-12-11

Western Coalfields Ltd. And Anr vs M/S. Ballapur Collieries Company . And ...

Citation / case number
AIRONLINE 2018 SC 961
Court
Supreme Court of India
Petitioner
Western Coalfields Ltd. And Anr
Respondent
M/S. Ballapur Collieries Company . And ...
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the proper remedy for eviction under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971, is to file a civil suit rather than pursue summary eviction proceedings. The Court emphasized that due to the nature of the factual controversies involved, a civil suit is more appropriate for resolving the disputes. The appellants were granted liberty to file a civil suit within six months, with the stipulation that the respondents cannot claim the suit is barred by limitation.

Western Coalfields Ltd. And Anr vs M/S. Ballapur Collieries Company . And ... · Niyam