EVICTION OF UNAUTHORISED OCCUPANTS, ETC., OF AIRPORT PREMISESCentral

Section 28D of The Airports Authority of India Act, 1994

1[28D. Eviction of unauthorised occupants.--(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 28C and any evidence produced by him in support of the same and after personal hearing, if any, given under sub-clause (ii) of clause (b) of sub-section (2) of section 28C, the eviction officer is satisfied that the airport premises are in unauthorised occupation, the eviction officer may make an order of eviction, for reasons to be recorded therein, directing that the airport premises shall be vacated, on such date as may be specified in the order, by the persons who may be in occupation thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the airport premises.

(2)If any person refuses or fails to comply with the order of eviction on or before the date specified in the order or within fifteen days of the date of publication under sub-section (1), whichever is earlier, the eviction officer or any other officer duly authorised by the eviction officer in this behalf may, after the date so specified or after the expiry of the period aforesaid, whichever is earlier, evict that person from, and take possession of, the airport premises and may, for that purpose, use such force as may be necessary.]

Summary

After reviewing the occupant's evidence and holding a personal hearing under Section 28C, the eviction officer decides if the occupation is unauthorised.
If satisfied it is unauthorised, the officer issues a formal eviction order, records the reasons for the decision, and specifies a move-out date.
A copy of this eviction order is pasted on the outer door or a conspicuous part of the premises.
The eviction officer, or someone they authorise, can then take possession of the premises and use necessary force to do so.

Practical examples

1Following a hearing, the officer gives a tenant an eviction order on October 1, stating they must leave by October 25. However, because 15 days from the October 1 publication is October 16 (which is earlier), the tenant can actually be forcibly evicted on October 17.

2The officer issues an order giving a squatter 5 days to vacate. Because 5 days is earlier than the 15-day limit, if the squatter is not gone by day 6, the officer uses airport security to forcefully remove them.

FAQ

1. Does the officer have to explain why I am being evicted in the final order?

Yes, the officer must make the eviction order "for reasons to be recorded therein".

2. What happens if I just ignore the final eviction order?

The eviction officer can take possession of the property and use necessary force to evict you once the deadline passes.

Test yourself

Q1.Under Section 28D of The Airports Authority of India Act, 1994, the eviction officer makes a final order based on a process outlined in Section 28C. What must the officer consider from that previous step before deciding to evict?

Q2.Under Section 28D of The Airports Authority of India Act, 1994, when can the eviction officer use force to evict an unauthorised occupant?

Q3.Under Section 28D of The Airports Authority of India Act, 1994, what must be included inside the official order of eviction?

Q4.Under Section 28D of The Airports Authority of India Act, 1994, how is the final order of eviction made visible to the occupants?

28CPreviousSection 28C Issue of notice to show cause against order of eviction.28ENextSection 28E Disposal of property left on airport premises by unauthorised occupants.

←Section 28C Section 28E→