LEGAL PRINCIPLE: LAND LAW – State Lands – Mandatory Procedure for Recovery of Possession Under Section 28
PRINCIPLE STATEMENT
Where a lessee remains in possession of State land after lease determination, the lessor's only lawful method of recovering possession is by instituting suit in the High Court as prescribed by Section 28(1) of the State Lands Law; the word "may" is construed as mandatory ("shall") where provisions confer rights benefiting private citizens. The lessor cannot resort to self-help or automatic re-entry.
RATIO DECIDENDI (SOURCE)
"Where a lessee remains in possession of State land after the determination of his lease, the lessor's only lawful method of recovering possession is by instituting a suit in the High Court as prescribed by Section 28(1) of the State Lands Law. The word "may" in that subsection is to be construed as mandatory ("shall") where the provision confers a right for the benefit of a private citizen. The lessor cannot resort to self-help or automatic re-entry."
EXPLANATION / SCOPE
Section 28(1) creates mandatory judicial process for recovering possession from hold-over lessees. Though using “may,” the provision is interpreted as “shall” when conferring rights protecting private citizens—permissive language becomes mandatory when safeguarding individual rights against governmental action. The state must sue in High Court; it cannot use self-help (forcible eviction) or claim automatic re-entry upon lease expiration. This protects lessees from arbitrary dispossession, ensuring due process through judicial proceedings where lessees can raise defenses, present evidence, and receive fair hearing. The principle reflects that governments must follow prescribed procedures when interfering with possession, even of their own land, and cannot bypass judicial oversight through self-help.