Supreme Court Judgment - Tenant Eviction Public Premises

Supreme Court of India ("Supreme Court") in its recent judgment [Dr Suhas H Pophale v Oriental Insurance Company Limited and its Estate Officer] has changed the parameters of eviction of the tenant under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ("Act").

BACKGROUND OF ACT: The Act was incorporated to facilitate easy eviction of unauthorized occupants from public premises and other incidental matters including removal of unauthorized construction, recovery of arrears of rent, etc. As per the Act, public premises means premises belonging to or taken on lease or requisitioned by or on behalf of (i) Central Government, (ii) Company in which the Central Government holds at least 51% paid‐up share capital, (iii) wholly or partially subsidiary of the Central Government, (iv) any corporation owned or controlled by the Central Government, (v) universities, (vi) institutes of technology, (vii) major port trust, etc. (collectively referred to as "Public