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Supreme Court Allows Appeals Against High Court Eviction Order Based on Advocate-Commissioner Report. High Court's conclusions unsupported by documents; Municipal Corporation granted liberty to proceed under law.

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2026-05-03 22:28:37

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Case Note & Summary

The Supreme Court considered appeals against a High Court order directing eviction of the appellants and removal of alleged encroachments. The High Court had relied on a report from Advocate-Commissioners appointed by the court, which indicated that the appellants had raised unauthorised construction. The Supreme Court found that the High Court's conclusions were not supported by the documents on record. The Court expressed surprise that the Municipal Corporation, which supported the High Court's order, had not taken any action under its statutory powers. Consequently, the Supreme Court allowed the appeals, set aside the High Court's order, and granted liberty to the Municipal Corporation to proceed in accordance with law if it so advised. The judgment was delivered by a bench comprising Chief Justice Ranjan Gogoi, Justice Deepak Gupta, and Justice Aniruddha Bose on July 19, 2019.

Headnote

A) Civil Procedure - Eviction Order - Reliance on Commissioner's Report - High Court erred in ordering eviction based solely on Advocate-Commissioner's report of unauthorised construction, without supporting documents on record - Held that conclusions not supported by documents cannot sustain eviction directions (Paras 1-2).

B) Municipal Law - Encroachment Removal - Duty of Municipal Corporation - Municipal Corporation failed to exercise statutory powers against alleged encroachments, but later supported High Court's order - Held that Corporation is at liberty to proceed in accordance with law (Paras 1-2).

Issue of Consideration

Whether the High Court could order eviction based solely on an Advocate-Commissioner's report indicating unauthorised construction, without supporting documentary evidence.

Final Decision

Appeals allowed; High Court order set aside; Municipal Corporation granted liberty to proceed in accordance with law if so advised.

Law Points

High Court cannot base eviction orders solely on Advocate-Commissioner reports without supporting documents
Municipal Corporation must exercise statutory powers independently

Case Details

2019 LawText (SC) (7) 7

Civil Appeal Nos. 5679-5680/2019 (arising out of SLP(C) Nos. 2685-2686/2015) with Civil Appeal Nos. 5681-5682/2019 (arising out of SLP(C) Nos. 2733-2734/2015) and Civil Appeal Nos. 5683-5684/2019 (arising out of SLP(C) Nos. 2751-2752/2015)

2019-07-19

Ranjan Gogoi, CJI, Deepak Gupta, Aniruddha Bose

For Petitioner: Ms. Ruchira Gupta, Adv., Ms. Mona Sinha, Adv., Mr. Shishir Deshpande, AOR, Ms. Shashi Kiran, AOR, Dr. Satish Chandra, Adv., Mr. Arjun Sain, Adv., Mr. Manoj Jain, Adv., Mr. Prabhoo Dayal Tiwari, Adv., Ms. Surbhi Mehta, AOR. For Respondent: Mr. Bahar U. Barqui, Adv., Mr. Aftab Ali Khan, AOR, Mr. M.Z. Chaudhary, Adv., Mr. Arvind Kumar Kanva, Adv., Mr. Syed Mohammed Aatif, Adv., Mr. Ali Safeer Farooqi, Adv., Mr. Syed Imtiaz Ali, Adv., Mr. Gopal Jha, Adv., Mr. M. Rambabu, Adv., Mr. Gurmeet Singh Makker, AOR, Mr. Manish Kumar, Adv., Ms. Divya Roy, AOR, Mr. Abhishek Atrey, AOR, Mr. Jatinder Kumar Bhatia, AOR, Mr. Tanmaya Agarwal, Adv., Mr. Rahul Kaushik, AOR

Pradeep Singh Bisht & Anr.

State of Uttarakhand Through Chief Secretary & Ors.

Nature of Litigation

Civil appeals against High Court order directing eviction and removal of alleged encroachments.

Remedy Sought

Appellants sought setting aside of High Court order directing their eviction.

Filing Reason

High Court ordered eviction based on Advocate-Commissioner's report indicating unauthorised construction, without supporting documents.

Previous Decisions

High Court of Uttarakhand at Nainital passed order dated 15-01-2015 in CLMA Nos. 11205/2014 and 11206/2014 and CWP No. 31/2012 directing eviction.

Issues

Whether the High Court could order eviction based solely on an Advocate-Commissioner's report without supporting documentary evidence.

Submissions/Arguments

Appellants argued that High Court's conclusions were not supported by documents on record. Respondents (Municipal Corporation) supported the High Court's order.

Ratio Decidendi

A High Court cannot base an eviction order solely on an Advocate-Commissioner's report indicating unauthorised construction; the conclusions must be supported by documents on record. The Municipal Corporation must exercise its statutory powers independently.

Judgment Excerpts

We find that the High Court in coming to the impugned conclusions and in directing for eviction of the appellants/removal of alleged encroachments, had arrived at conclusions not supported by the documents on record. Merely because the report of the Advocate-Commissioners appointed by the Court had indicated that the appellants had raised unauthorised construction, the High Court could not have come to the impugned conclusions and issued directions as stated above.

Procedural History

High Court of Uttarakhand at Nainital passed order dated 15-01-2015 in CLMA Nos. 11205/2014 and 11206/2014 and CWP No. 31/2012 directing eviction. Appeals filed in Supreme Court via SLP(C) Nos. 2685-2686/2015, 2733-2734/2015, and 2751-2752/2015. Leave granted and appeals allowed on 19-07-2019.

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Supreme Court Allows Appeals Against High Court Eviction Order Based on Advocate-Commissioner Report. High Court's conclusions unsupported by documents; Municipal Corporation granted liberty to proceed under law.

Case Note & Summary

Headnote

Issue of Consideration

Final Decision

Law Points

Case Details

Nature of Litigation

Remedy Sought

Filing Reason

Previous Decisions

Issues

Submissions/Arguments

Ratio Decidendi

Judgment Excerpts

Procedural History

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