Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Summary
- Any order made by an estate officer or an appellate officer under this Act is considered final, unless the Act specifically provides another option.
- These final orders cannot be challenged, questioned, or brought up in any original lawsuit, legal application, or execution proceeding.
- No court or authority is allowed to issue an injunction (a legal order to stop an action) against any action taken or planned to be taken under the powers of this Act.
Practical examples
FAQ
1. Can I sue the estate officer in a regular civil court if I don't like their final decision?
No, every order made by an estate officer or appellate officer is final and cannot be called in question in any original suit.
2. Can a judge issue an injunction to stop my building from being demolished under this Act?
No, the law states that no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under this Act.
3. Is there any exception to the finality of these orders?
The only exceptions are those expressly provided in the Act itself (such as the right to appeal to the appellate officer mentioned earlier).
Test yourself
Q1.Under Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, how are orders made by an estate officer or appellate officer treated by the law?
Q2.Under Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what legal remedy is specifically prohibited from being granted by any court against actions taken under this Act?
Q3.Under Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, does the finality of orders apply to execution proceedings?
Q4.Under Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what is the single condition where an order might not be final?
Q5.Under Section 10 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, can an authority other than a court grant an injunction against an estate officer's actions?