Supreme Court of India · 2018-12-11
WESTERN COALFIELDS LTD. AND ANR vs M/S. BALLAPUR COLLIERIES COMPANY . AND ORS
- Citation / case number
- SC 2007/11573
- Court
- Supreme Court of India
- Petitioner
- WESTERN COALFIELDS LTD. AND ANR
- Respondent
- M/S. BALLAPUR COLLIERIES COMPANY . AND ORS
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the proper remedy for eviction proceedings under the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 is to file a civil suit rather than pursue summary eviction. The Court emphasized that the nature of the factual controversy necessitates a detailed examination, which is better suited for civil litigation. The appellants were granted liberty to file a civil suit within six months, with the stipulation that the respondents cannot claim limitation as a defense.