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Disputed property can ppe act 1971 be invoked without determining the actual ownership

(Querist) 23 November 2015 This query is : Resolved 
Sir / Madam

Kindly give your expert opinion and citations.

The land is situated on the border of the Cantonment and Municipal and both parties are claiming ownership over the land, whereas the occupant has taken on lease from the Municipal the said plot of land, now the Cantonment has invoked the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PPE ACT) and has issue notice to vacate the land.

Is there any judgement by the SC that if the property is in dispute the PPE Act cannot be invoked or that a civil suit lies if the property is disputed.

Another query is that whether a notice is required to file a suit as per section 80 CPC when the notice to vacate the property is given by the same authority.

Thanks in Advance
Anupam Lahiri (Expert) 24 November 2015
The provision of Public Premises Eviction Act, 1971 is very clear. Once notice is issued by the Estate Officer under the Act, the jurisdiction of civil court is barred.

All questions as to whether the property is public premises or not is to be decided by the Estate Officer. You may file appeal before the Appeallate Authority against the same. But the order is final.
K.S.Srinivas (Expert) 24 November 2015
Once notice is issued by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PPE ACT, the jurisdiction of the civil courts is barred under section 15 of the Act.

Section15:- Bar of jurisdiction.--No court shall have jurisdiction to entertain any suit or proceeding in respect of
(a) the eviction of any person who is in unauthorised occupation of any public premises, or .........

On the order of the Estate Officer, an appeal can be filed under section 9 of the Act.

Section 9. Appeals. - An appeal shall lie from every order of the estate officer made in respect of any public
premises under [section 5 of section 5B [or section 5C] or section 7 to an appellate officer who shall be the
district judge of the district in which the public premises are situated.
Rajendra K Goyal (Expert) 26 November 2015
Citation not provided in this section.
T. Kalaiselvan, Advocate (Expert) 02 December 2015
The experts have explained very properly. For further details you may consult a local advocate.


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