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.