Section 28C of The Airports Authority of India Act, 1994
1[28C. Issue of notice to show cause against order of eviction.--(1) If the eviction officer is of the opinion that any persons are in unauthorised occupation of any airport premises and that they should be evicted, the eviction officer shall, in the manner hereinafter provided, issue a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
- (2)The notice shall--
- (a)specify the grounds on which the order of eviction is proposed to be made; and
- (b)require all persons concerned, that is to say, all persons who are or may be, in occupation of, or claim interest in, the airport premises--
- (i)to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof, and
- (ii)to appear before the eviction officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal hearing, if such hearing is desired.
- (3)The eviction officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the airport premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to the persons concerned.
- (4)Where the eviction officer knows or has reasons to believe that any person is in occupation of the airport premises, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.]
Summary
- If an eviction officer believes someone is in unauthorised occupation, they must issue a written show cause notice before evicting them.
- The notice must specify the grounds for the proposed eviction.
- It must give the occupants a deadline to show cause (explain why they should not be evicted), which must be at least seven days from the issue date.
- The notice requires occupants to appear on the specified date with their evidence and for a personal hearing if they want one.
- Service of the notice is done by sticking it on the outer door or a conspicuous part of the premises.
- If the officer knows who the occupant is, they must also serve a copy directly by post, delivery, or another prescribed manner.
Practical examples
FAQ
1. Can an eviction officer kick me out the same day they issue the notice?
No, the notice must give you at least seven days from the date it is issued to show cause.
2. How will I know if a notice has been issued against my shop?
The officer will affix the notice to your outer door or a visible part of the premises, and if they know you are the occupant, they will also send it to you by post or direct delivery.
3. Do I get a chance to defend myself?
Yes, the notice specifically requires you to appear with evidence and offers a personal hearing to show cause against the eviction.
Test yourself
Q1.Under Section 28C of The Airports Authority of India Act, 1994, what is the absolute minimum amount of time an eviction officer must give occupants to respond to a show cause notice?
Q2.Under Section 28C of The Airports Authority of India Act, 1994, how is the notice legally served to the public or unknown occupants?
Q3.Under Section 28C of The Airports Authority of India Act, 1994, what extra step must the eviction officer take if they actually know the identity of the person occupying the premises?
Q4.Under Section 28C of The Airports Authority of India Act, 1994, what must the occupant bring when they appear before the eviction officer on the specified date?