In Tata Scob Dealers Cal Limited & Anr. v. Union of India and Others, the Calcutta High Court examined whether land originally owned by the Railways but subsequently transferred to the Kolkata Metropolitan Development Authority (KMDA) and vested in the State of West Bengal could still be treated as “public premises” under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The dispute arose when an Estate Officer appointed by the Railway administration initiated eviction proceedings against the petitioners and passed an eviction order under the 1971 Act, treating them as unauthorised occupants of the property.

The petitioners challenged the proceedings on the ground that the Railways had already divested themselves of ownership, control, and interest in the land through a transfer to KMDA, following which the property vested in the State Government. They argued that once the land ceased to belong to the Central Government or its instrumentalities, the Railway Estate Officer lacked jurisdiction to invoke the provisions of the Public Premises Act. Although the lower appellate court upheld the eviction order, the matter reached the High Court under Article 227 of the Constitution.

ISSUES OF LAW
The key legal issues addressed by the Court revolved around whether land originally belonging to the Railways, which was subsequently transferred to the Kolkata Metropolitan Development Authority (“KMDA”) and later vested with the State of West Bengal, continues to fall under the definition of “public premises” under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Court examined the structural jurisdiction of an Estate Officer appointed by the Railways to initiate eviction proceedings under the 1971 Act once the Central Government/Railways divested its ownership, title, and interest in the property. A crucial question emerged as to whether a specialized statutory authority under a Central Act retains the power to evict long-standing occupants after the underlying character of the property transitions from Central public land to State land.

FACTUAL MATRIX
The dispute arose out of eviction proceedings initiated against the petitioners, Tata Scob Dealers Cal Limited, regarding a plot of land situated at Mouza-Ramkrishnapur, Howrah. The premises originally belonged to the Southeastern Railway/Eastern Railway administration. On July 5, 2019, an Estate Officer appointed by the Railways passed an eviction order under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, declaring the petitioners to be unauthorized occupants. The petitioners challenged this decision before the learned Additional District Judge, 1st Court at Howrah, via Misc. Appeal No. 125 of 2019, on the primary ground that the land had been transferred by the Railway Ministry to the KMDA via an agreement/order, and subsequently vested with the State of West Bengal. Therefore, they argued, the land had ceased to be “public premises” belonging to the Central Government or its undertakings. The lower appellate court dismissed their appeal on January 29, 2022, upholding the Estate Officer’s decision and stating that the procedure adhered to principles of natural justice and past High Court directions. Aggrieved by this dismissal, the petitioners moved the High Court at Calcutta under Article 227 of the Constitution.

JUDGMENT
The High Court at Calcutta allowed the revisional application and set aside the impugned order of the lower appellate court along with the eviction order passed by the Estate Officer. The Court held that the fundamental prerequisite for invoking the Public Premises Act of 1971 is that the property must strictly satisfy the definition of “public premises” under Section 2(e), meaning it must belong to, be taken on lease by, or be acquired on behalf of the Central Government, a government company, or a statutory corporation.
The Court observed that since the Railway administration had legally transferred and relinquished its control, ownership, and interest over the subject land to the KMDA/State Government, the property was no longer “public premises” under the control of the Central Government. Consequently, the Railway Estate Officer was rendered completely functus officio and lacked the inherent statutory jurisdiction to issue notices or pass an eviction order under the 1971 Act. The Court emphasized that even if the occupants were deemed unauthorized, their eviction could only be sought by the actual current owner (the State Government/KMDA) under the relevant state laws, rather than through a defunct exercise of federal statutory powers. The parties were directed to bear their own costs.

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COURT NAME
The High Court at Calcutta - Civil Revisional Jurisdiction, Appellate Side

CASE NAME
Tata Scob Dealers Cal Limited & Anr. v. Union of India and Others

CASE NO.
C.O. 498 of 2022

DATE OF JUDGMENT
June 19, 2026

 
PRESIDING JUDGE
Hon'ble Justice Shampa Sarkar