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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 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.

WESTERN COALFIELDS LTD. AND ANR vs M/S. BALLAPUR COLLIERIES COMPANY . AND ORS · Niyam