Eviction of Unauthorized Occupants from 'Public Premises' Must Be Done Under Statutory Provisions: Supreme Court
The Supreme Court in the case of MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS VERSUS VIVEK V. GAWDE ETC. ETC. ruled that eviction proceedings for unauthorized occupants of public premises must be conducted under statutory provisions and should continue without interference, unless they violate natural justice principles. The Court was hearing an appeal by the Municipal Corporation of Greater Mumbai against the High Court's interference in quasi-judicial powers of an Inquiry Officer under the Mumbai Municipal Corporation Act, 1988. The High Court had framed points of determination for the Inquiry Officer due to the absence of regulation for the inquiry process. The Supreme Court set aside the High Court's decision, stating that such interference was unwarranted, as the Inquiry Officer's powers under the Act should not be overridden unless natural justice was violated. The Court emphasized that the High Court overstepped its jurisdiction by substituting its judgment for that of the statutory authority.