#Unauthorized Occupation

Bombay High Court rules that the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 prevails over Rent Control legislation, stripping civil courts of jurisdiction over tenancy disputes in public premises-even for tenancies predating the Act. The ruling mandates eviction proceedings under the 1971 Act, impacting tenants and public sector landlords across Maharashtra.

Bombay High Court holds that former employees of a government-owned textile mill lose their right to retain residential quarters upon accepting Voluntary Retirement Scheme (VRS). The ruling enforces eviction under the Maharashtra Government Premises (Eviction) Act, 1955, emphasizing that settlement agreements requiring vacation of premises are legally binding and must be upheld.

The NCLAT has ruled that unregistered profit-sharing agreements, even if historically honored, cannot override the statutory moratorium under IBC to claim possession of corporate debtor assets. This clarifies that only registered leases or lawful tenancies survive CIRP, empowering Resolution Professionals to evict unauthorized occupants without prolonged litigation.

The Himachal Pradesh High Court has ruled that land lawfully allotted under the Natour Rules, 1968 cannot be treated as encroached property merely because possession continues without a renewed grant. This protects heirs and successors of original allottees from arbitrary eviction, reinforcing the permanence of state-sanctioned land rights under this scheme.

CAT Patna holds that employees cannot be penalized for retaining government quarters without explicit notice of unauthorized occupation, especially during COVID-19.