The Calcutta High Court has held that the procedural safeguards under Sections 4 and 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 become relevant only where there is at least cogent material to show that the persons concerned are in occupation of the public premises in question. As the petitioners fail to establish, even prima facie, their occupation or the basis of their presence in the premises, they cannot invoke those statutory protections merely on the strength of Aadhaar Cards carrying an address.
A Single Judge Bench of Justice Partha Sarathi Sen first examined Section 2(g) of the 1971 Act, which defines “unauthorised occupation,” and then reproduced Sections 4 and 5, which lay down the statutory procedure for issuance of notice, consideration of cause, hearing, and passing of an eviction order by the Estate Officer in cases of unauthorised occupation of public premises.
After examining the record, the Bench noted that although the petitioners had filed Aadhaar Cards showing addresses connected to the quarters and had later specified the portions allegedly occupied by them, they still failed to explain how they had entered into possession or what authority they had to occupy the premises. The Bench specifically recorded that, despite repeated questions, counsel for the petitioners could not satisfy the Court on the source or authority of occupation.
The Bench also found that, apart from photocopies of Aadhaar Cards, no cogent material was produced to establish that the petitioners were actually occupying the particular residential units claimed by them. It further observed that even the Aadhaar Cards did not support the specific occupation details mentioned in the supplementary affidavit. On that basis, the Bench held that the petitioners had failed to substantiate even their alleged unauthorised occupation of the premises.
Also Read UK High Court Sets Aside Disbarment of KC Over False Oxford University Claim
Briefly, the petitioners approached the Calcutta High Court seeking to stop the demolition of residential quarters/structures described as Calcutta Dock Labour Board (CDLB) quarters and Calcutta Port Trust (CPT) quarters at Brook Lane, Garden Reach, Kolkata. They argued that they were residing in those premises and relied mainly on copies of Aadhaar Cards to show their addresses at the said quarters. They also contended that before any eviction from public premises, the authorities were required to follow the procedure under Sections 4 and 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, including issuance of notice and an eviction process before the Estate Officer.
The petitioners further stated that the demolition process had been started without following the statutory procedure and that this amounted to illegal eviction from public premises. In a supplementary affidavit filed on the date of hearing, they identified the specific portions allegedly under their occupation.
On the other side, the Kolkata Port Trust argued that the petitioners had failed to produce any real documentary proof showing a lawful or settled basis of occupation of the quarters. The Port Trust also referred to a police memo dated May 22, 2025 stating that the residential quarters at Brook Lane were under imminent risk of collapse, posing a serious threat to life and property, and therefore contended that the authorities’ action was justified.
