Interim relief granted to residents of Brace Bridge Station as eviction notice lacks statutory backing and fails to initiate proper proceedings.
In a significant development, the Calcutta High Court has granted an interim stay on an eviction notice issued by the Eastern Railway to residents of the Brace Bridge Railway Station area. The eviction notice, dated May 9, 2026, was challenged by Sahidul Laskar, representing the affected residents, on grounds of procedural lapses under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
The court, presided over by Justice Hiranmay Bhattacharyya, observed that the notice failed to address any specific individual or group and did not reference any statutory order under the 1971 Act or other applicable statutes. This prompted the court to question the legitimacy of labeling the residents' occupation as "unauthorised" without the initiation of formal proceedings.
The petitioner's senior advocate, Mr. Bikash Ranjan Bhattacharya, argued that the eviction notice was merely pasted on the structure's wall where the residents live and did not comply with the procedural requirements under the Act. The urgency of the matter was underscored by the notice's directive for residents to vacate within 48 hours, heightening the stakes for those affected.
Ms. Debjani Ghosal, representing the Eastern Railway, sought additional time to gather instructions, leading the court to grant interim relief. An interim stay on the eviction notice's operation has been put in place until May 20, 2026, or further orders, allowing the residents temporary reprieve and time for the respondent authorities to regularize representation and respond appropriately.
The court has scheduled the matter for further hearing on May 19, 2026, under the "Fixed Matters" category, underscoring the need for swift resolution. The case highlights the critical importance of adhering to statutory procedures in eviction matters, with potential implications for similar cases across the jurisdiction.
Bottom line:-
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Eviction notice issued without initiating proceedings under the Act - Prima facie observation that the notice does not address specific persons nor refers to any statutory order - Interim stay granted to prevent eviction.
Statutory provision(s):
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 2(g)
Sahidul Laskar v. General Manager, Eastern Railway, (Calcutta) : Law Finder Doc id # 2899708
