https://www.taxtmi.com/caselaws?id=193861 Before taking possession of forfeited property under SAFEMA, the competent authority must first determine whether the occupant is a person to whom the Act applies under Section 2, because the possession-taking power presupposes lawful application of the statute. Where the occupant asserts an independent tenancy, the authority must also issue a proper show-cause notice and conduct an enquiry into tenancy rights before ordering eviction. A vague notice and failure to hear the occupant on the tenancy claim render the eviction unsustainable. The matter was remitted for a fresh determination of the occupant's legal status and, only if covered by the Act, further action in accordance with law. en-us Mon, 24 Sep 2001 00:00:00 +0530 Mon, 21 Aug 2017 16:31:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193861 Before taking possession of forfeited property under SAFEMA, the competent authority must first determine whether the occupant is a person to whom the Act applies under Section 2, because the possession-taking power presupposes lawful application of the statute. Where the occupant asserts an independent tenancy, the authority must also issue a proper show-cause notice and conduct an enquiry into tenancy rights before ordering eviction. A vague notice and failure to hear the occupant on the tenancy claim render the eviction unsustainable. The matter was remitted for a fresh determination of the occupant's legal status and, only if covered by the Act, further action in accordance with law. Case-Laws FEMA Mon, 24 Sep 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193861