VidhiSangh

Supreme Court of India · 21/02/2019

BOARD OF TRUSTEES FOR THE PORT OF KOLKATA AND ORS versus APL (INDIA) PVT. LTD. AND ORS.

[2019] 4 S.C.R. 829 · 2019 INSC 245

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Summary

The Court held that the Public Premises Act independently permits disposal of goods left on public premises after eviction, including goods owned by third parties having no contractual relationship with the Port Trust. The statutory notice and auction procedure applies, and sale proceeds may be adjusted against the prescribed expenses and dues. The scope of that power does not depend on a lien under the Major Port Trusts Act. The pending writ petition was left for decision on its merits under this interpretation.

Issues

  1. Whether third-party goods remaining on public premises after eviction could be removed and sold under the Public Premises Act.
  2. Whether that power depended on the lien provisions of the Major Port Trusts Act.

Provisions considered

Held

Result

Civil appeals disposed of with statutory clarification. High Court requested to decide the pending writ petition expeditiously, preferably within six months. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 829.