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Eviction of Unauthorized Occupancy from Airport Premises
The Airport Authority of India Act, 1994, defines the AAI and establishes rules for the development, maintenance, and management of airports in India. Further, the Act deals with the issue of unauthorized occupants on AAI properties, as well as the procedure for evicting them.
If the AAI suspects an unauthorized occupant, it may send him a notice requesting that he leave the property within a certain time frame. If the individual does not leave the property within the time frame specified in the notice, the AAI may take action to evict them.
It is critical to remember that the Airport Authority of India Act, 1994 requires that unauthorized occupants be removed following due process of law and natural justice principles. Before initiating any eviction proceedings, the AAI must provide the unauthorized occupant with an opportunity to be heard and present his case.
Definition of Unauthorized Occupation
According to Section 28A (f), unauthorized occupation in relation to any airport premises refers to any person occupying the airport premises without the necessary authorization. It also includes the continuation of such occupation after the expiration or determination of the authorization (whether by way of grant or any other mode of transfer) under which the person was permitted to occupy the premises.
Appointment of Eviction Officers
The appointment of eviction officers is provided for in Section 28B, and as a result, the Authority may, by general or special order in writing, appoint as many of its officers as it deems appropriate to serve as eviction officers, and it may also specify the local limits within which the eviction officers shall exercise the powers granted to them and the categories of airport premises with respect to which they must carry out their duties.
Issue of Notice to Show Cause Against the Order of Eviction
Section 28C provides for the issue of notice of show cause against the order of eviction.
If the eviction officer believes that any persons are occupying airport property without authorization and that they should be evicted, the eviction officer shall, in the manner hereinafter provided, issue a written notice requesting that any parties involved provide justification as to why an order of eviction should not be made.
The notice must state the grounds for the proposed eviction order.
The notice requires all parties involved, that is, those who are or may be occupying the airport premises or asserting an interest in them, to submit any objections to the proposed order on or before the date specified in the notice, which shall not be earlier than seven days after the date of issuance of the notice.
The notice shall require all persons involved to appear before the eviction officer on the date specified in the notice, accompanied by the evidence that they intend to produce in support of the cause shown, as well as for a personal hearing if such a hearing is desired.
The notice is then deemed to have been properly served on the parties involved. The eviction officer will arrange for the notice to be served by posting it on the exterior door or another obvious location on the airport grounds, among other methods that may be required.
Eviction of Unauthorized Occupants
Section 28D states that the eviction officer may issue an eviction order for reasons to be recorded therein directing that the airport premises be vacated, on such date as may be specified in the order, by the party named in the order, if any, after considering any cause shown by any person pursuant to a notice under section 28C and any evidence produced by him in support of the same and after a personal hearing.
Despite the given eviction order, if any person (residing illegally) refuses to comply with the eviction order on or before the date specified in the order or within fifteen days of the date of publication under subsection (1) of Section 28 D, whichever is earlier, the eviction officer or any other officer duly authorized by the eviction officer in this regard may, after the date so specified or after the expiration of the period aforesaid, whichever is earlier, evict that person from and take possession of the airport premises.
Powers of Eviction Officers
Section 28 H specifies the powers of eviction officers and, accordingly, an eviction officer shall have the same powers as a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely −
Summoning and compelling anyone to appear and examine him under oath;
Requiring the discovery and production of documents;
Any other matter that may be prescribed.
The Airport Authority of India Act, 1994, specifies a detailed procedure for evicting unauthorized occupants of airport premises. The Act defines unauthorized occupation, specifies the eviction procedure, and specifies the consequences of noncompliance. The AAI must follow this procedure to ensure that its properties are not illegally occupied and that it can carry out its functions effectively.
Frequently Asked Questions
Q1. What is unauthorized occupation?
Ans. Unauthorized occupation refers to the situation where a person or entity occupies land or property without legal authority or permission from the rightful owner or authority.
Q2. Can the AAI evict unauthorized occupants?
Ans. Yes, the AAI has the power to evict unauthorized occupants under the Airport Authority of India Act, 1994.
Q3. What is the procedure for eviction of unauthorized occupants under the AAI Act?
Ans. The AAI will first issue a notice to the unauthorized occupant, asking that they vacate the property within a certain time frame. If the occupant fails to vacate the property within the specified time frame, the AAI may initiate legal eviction proceedings.
Q4. What are the consequences of unauthorized occupation of AAI property?
Ans. Unauthorized occupation of AAI property is a violation of the law and may result in eviction, legal action, and penalties.
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