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february 2019

Supreme Court of India · 2019-02-21

BOARD OF TRUST.FOR THE PORT OF KOLKATA vs APL (INDIA) PVT. LTD .

Citation / case number
SC 2009/32254
Court
Supreme Court of India
Petitioner
BOARD OF TRUST.FOR THE PORT OF KOLKATA
Respondent
APL (INDIA) PVT. LTD .
Author
HON'BLE MR. JUSTICE S. ABDUL NAZEER
Bench
HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court interpreted Section 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, clarifying the authority of the Port Trust to seize and dispose of goods left on public premises after eviction. The Court held that the Port Trust is entitled to take possession of such goods, regardless of ownership, and must follow due process as outlined in the PP Act for disposal. The judgment emphasized the need for proper notice and inventory before disposal, affirming the legality of the eviction and subsequent actions taken by the Port Trust.

BOARD OF TRUST.FOR THE PORT OF KOLKATA vs APL (INDIA) PVT. LTD . · Niyam