S. Jalan & Co. successfully safeguarded the interests of the Board of Trustees for Shyama Prasad Mookherjee Port, Kolkata (SMP) in respect of plots of land belonging to it. The subject plots of land were unauthorizedly occupied and an order of eviction was passed by the Estate Officer under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 in the year 2005. The matter subsequently went up in appeal before the Hon’ble High Court at Calcutta wherein the Hon’ble High Court had directed the unauthorized occupants to vacate the subject lands within a period of fortnight, however, despite diligent efforts; SMP was unable to obtain possession of the lands in question.
The order of eviction was challenged in appeal before the Hon’ble Supreme Court of India wherein the said appeal was dismissed by the Hon’ble Supreme Court vide order dated 14.08.2020 and the unauthorized occupant was directed to vacate the subject lands within 31.10.2020. Despite such directions, the unauthorized occupants continued to remain in possession of the lands. SMP had sought for police protection and assistance for obtaining possession of the lands, however, no effective steps were taken by the police authorities. At this stage, S. Jalan & Company advised SMP and filed an application for contempt be filed before the Hon’ble Supreme Court wherein the Hon’ble Supreme Court of India, by an order dated 15.12.2020, directed the local police authorities to provide adequate assistance and protection and ensure that possession of land is restored in favour of SMP, failing which, Central Forces shall be deployed.

The matter was led by the Learned Senior Counsel Mr. Mukul Rohatgi and by virtue of the joint efforts of the Kolkata and Delhi Team of S. Jalan & Co. being led by Mr. Sourav Ghosh, Managing Partner, Mr. Samrat Sengupta, Partner and Mr. Snehashis Sen, Associate Partner, SMP was able to get back possession of the lands.