Professional Documents
Culture Documents
Contents
Acknowledgement ........................................................................................ 4
Introduction ................................................................................................... 5
Important Definitions .................................................................................... 7
Estate Officers ............................................................................................. 13
Powers of Estate Officers ........................................................................... 15
Section 4. Issue of notice to show cause against order of eviction ........ 15
Section 5. Eviction of unauthorised occupants ....................................... 17
3A. Eviction from temporary occupation ............................................... 19
5A. Power to remove unauthorised constructions, etc ........................... 20
5C. Power to seal unauthorised constructions ........................................ 21
5E. Order of demolition of unauthorised construction ........................... 22
6. Disposal of property left on public premises by unauthorised
occupants ......................................................................................................... 24
7. Power to require payment of rent or damages in respect of public
premises .......................................................................................................... 26
8. Power of estate officers....................................................................... 27
Section 10. Finality of orders.................................................................. 28
2
PUBLIC
PREMISES
(EVICTION
OF
UNAUTHORISED
Acknowledgement
I am grateful to Almighty for all the strength he gave me during the
compilation of this project.
I am greatly thankful to my parents, for their presence is always
encouraging.
I would like to thank Dr. Kahkashan Y. Danyal
guidance and suggestions without which this project would not have reached a
comprehensive completion.
Special thanks to the Library staff for providing assistance in the collection
of relevant study material during the compilation of this project.
Sincere thanks to all the faculty members for making the faculty a
conducive place for learning and academic pursuit.
Heartfelt thanks to my classmates as well for their ever-helpful attitude.
Harshvardhan
Section-B
Roll No. 10
Introduction
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is a
special statute relating to eviction of unauthorised occupants from public
premises.1
Central Government provides residential accommodation to its employees
, Members of Parliament and other high dignitaries . Residential
accommodation is allotted to them while they are in service or till the term of
their office. It also provides temporary occupation of Guest Hostels , Holiday
Homes , Tourist accommodation etc. After the retirement of the employees and
officers or after the expiry of the term of the Members of Parliament the
accommodation provided to them is to be vacated and surrendered to the
Government. This facility was being misused by the employees , officers and
even by the Members of Parliament and other high dignitaries by either not
vacating or overstaying in the residential accommodation and not surrendering
it to the Government. Similarly temporary occupation of Guest Hostels ,
Holiday Homes, Tourist accommodation etc. is to be vacated at the expiry of
the term of allotment.
To evict such unauthorised occupants the only course open was to file civil
suits which was quite dilatory. To expedite eviction of such unauthorised
occupants a Bill was introduced in the Parliament which was passed by both the
Houses . It came on the Statute Book after getting assent from President on 23rd
August,
1971
as
'THE
PUBLIC
PREMISES
(EVICTION
OF
Ibid.
Important Definitions
THE
PUBLIC
PREMISES
(EVICTION
OF
UNAUTHORISED
(ii)
(iii)
(iv)
(v)
any Board of Trustees constituted under the Major Port Trusts Act,
1963.
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
It has been held by the Supreme Court that the nationalized bank is a
corporation established by a Central Act and it is owned and controlled by the
Central Government. The premises belonging to nationalized bank are public
premises. It has been further laid down that both residential and commercial
premises are contemplated under the Act. Occupation by tenant who is holding
over such public premises is an unauthorized occupant and the contention that
the Estate Officer is not required by Act to be an officer well versed in law has
been held to be unsustainable.
It has been held that the term 'belonging to' used in section 2(e) (i) of the
Act on a plain grammatical construction will include the concept of ownership. 4
It has been held that premises belonging to Cantonment Board are not
public premises.5
Section 2 (f) "rent", in relation to any public premises, means the
consideration payable periodically for the authorised occupation of the
premises, and includes1. any charge for electricity , water or any other services in
connection with the occupation of the premises,
10
11
12
Estate Officers
The Act provides for appointment of Estate officers which have been given
a wide range of Powers under the Act.
Section 3 of the Act states as follows:-
13
(b) define the local limits within which, or the categories of public
premises in respect of which, the Estate Officers shall exercise the powers
conferred, and perform the duties imposed, on Estate Officers by or under this
Act.
The words used under clause (a) of section 3 "as it thinks fit" are indicative
of the fact that decision as to which person shall be treated by the Central
Government to be of equivalent rank of a Gazetted Officer of the Government it
is the subjective satisfaction of the Central Government alone which is relevant.
Any other interpretation will make the said words "as it thinks fit" redundant.7
14
15
(ii) to appear before the Estate Officer on the date specified in the notice a
long with the evidence which they intend to produce in support of the cause
shown, and also for personal hearing, if such hearing is desired.
(iii) The Estate Officer shall cause the notice to be served by having it
affixed on the outer door or some other conspicuous part of the public premises,
and in Such other manner as may be prescribed, whereupon the notice shall be
deemed to have been duty given to all persons concerned.
It has been held that the older of eviction is liable to be set aside if the
notice for eviction did not set out the particulars of the premises clearly.8
It has also been held that while proceeding under this section the Estate
Officer must hold an enquiry. Principles of natural justice have to be complied
with and the tenant has the right to present and defend his case and of being
beard.9
It has been further held that where determination on jurisdictional bet as to
whether certain premises in question are public premises or not raises
complicated issue of title with respect proceeding to get the matter adjudicated
upon by a court of competent civil jurisdiction.10
16
11
M /s Jain Ink Manufacturing Co. v. Life Insurance Corporation of India Air 19 81 SC670.
17
evict that person] from, and take possession of, the public premises and may ,
for that purpose, use such force as may be necessary .
It has been held that there is no conflict between section 5 and Rule 4 of
the Public Premises (Eviction of Unauthorized Occupants) Rules 1971 framed
under section 18 of the Act which provide for personal service of the eviction
order passed by the Estate Officer on the person to whom it is intended or on
any other adult member of the family etc, inter all a, other modes of service
stipulated in the Act.12
Where New Delhi Municipal Committee was liable to rectify the water
seepage and defective fire equipment in the space allotted in Palika Parking to
make it habitable, the licensee is not liable to pay licence fee until the aforesaid
defects are removed. Notices issued by N.D.M .C. were quashed.13
It has been held that where determination on jurisdictional fact as to
whether certain premises in question are public premises or not raises
complicated issues of title with respect thereto the Estate Officer can leave it to
the parties to the proceedings to get the matter adjudicated upon by a court of
competent civil jurisdiction.14
12
18
15
Baij Nath v. Bank of Maharashtra 1987 (1) Rent Control Reporter 685 (Delhi)
In Re Ganesh Trading Co. Pvt. Ltd. 1985 (1) Rent Control Reporter 58.
17
Suresh Chander Vohra v. Union of India -1987(1) Rent Control Reporter 630.
16
19
the public premises and recover the cost of such removal from the person
aforesaid as an arrear of land revenue.
(3) Where any movable structure or fixture has been erected, placed or
raised, or any goods have been displayed or spread, or any cattle or other animal
has been brought or kept, on any public premises, in contravention of the
provisions of sub-section (1) by any person, the estate officer may, by order,
remove or cause to be removed without notice, such structure, fixture, goods,
cattle or other animal, as the case may be, from the public premises and recover
the cost of such removal from such person as an arrears of land revenue.
21
of this Act, order such seal to be removed. (3) No person shall remove such seal
except(a) under an order made by the estate officer under sub-section (2); or
(b) under an order of the appellate officer made in an appeal under this
Act.
(2) Where the erection or work has not been completed, the estate officer
may , by the same order or by a separate order, whether made at the time of the
issue of the notice under the proviso to sub-section (1) or at any other time,
direct the person at whose instance the erection or work has been commenced,
or is being carried on, to stop the erection or work until the expiry of the period
within which an appeal against the order of demolition, if made, may be
preferred under section 9.
(3) The estate officer came every order made under sub-section (1), or, as
the cure may be, under subsection (2) to be affixed on the outer door, or some
other conspicuous part, of the public premises.
(4) Where no appeal has been preferred against the order of demolition
made by the estate officer under subsection (1) or where an order of demolition
made by the estate officer under that sub-section has been confirmed on appeal,
whether with or without variation, the person against whom the order has been
made shall comply with the order within the period specified therein, or, as the
case may be, within the period, if any , fixed by the appellate officer on appeal,
and, on the failure of the person to comply with the order within such period.
the estate officer or any other officer duly authorised by the estate officer in this
behalf, may cause the erection or work to which the order relates to be
demolished.
23
(5) Where an erection or work has been demolished, the estate officer may
, by order, require the person concerned to pay the expenses of such demolition
within such time, and in such number of instalments, as may be specified in the
order.
24
respect of any property which is subject to speedy and natural decay , and the
estate officer may , after recording such evidence as he may think fit, cause such
property to be sold or otherwise disposed of in such manner as he may think fit.
(2) Where any property is sold under sub-section (1), the sale proceeds
thereof hall, after deducting the expenses of the sale and the amount, if any , due
to the Central Government or the [statutory authority ] on account of arrears of
rent or damages or costs, be paid to such person or persons as may appear to the
estate officer to be entitled o the same: Provided that where the estate officer is
unable to decide as to the person or persons or whom the balance of the a mount
is payable or as to the apportionment of the same, he may refer such dispute to
the civil court of competent jurisdiction and the decision of the court thereon
shall be final.
2A) The expression "costs", referred to in sub-section (2), shall include the
cost of removal recoverable under section 5A and the cost of demolition
recoverable under; section 5B.
It has been held that an order under this section calling upon occupants to
vacate the premises cannot straightaway be passed without passing an eviction
order envisaged under section 5 (1).18
18
25
26
order should not be made, and until his objections, if any, and any evidence he
may produce in support of the same, have been considered by the estate officer.
It has been held that it the Government fails to prove its ownership of
alleged premises from which it has sought eviction of the unauthorized
occupant, then it cannot claim damages.19
If the Government land is in unauthorised occupation aid is used for
religious purposes then the damages which are recoverable on that account are
not to be commensurated with damages liable to be charged with respect to
unauthorized occupation for commercial user.20
It has been held by theSupreme Court that time barred rent cannot be
recovered under section 7.21
8. Power of estate officers: -An estate officer shall, for the purpose of
holding any inquiry under this Act, have the same powers as ate vested in a civil
court under the Code of Civil Procedure, 1908, when trying a suit in respect of
the following matters, namely :-(a) summoning and enforcing the attendance of any person and examining
him on oath;
19
Union of India v. I. S. Goyal & Co. 1991 Rajdhani Law Reporter (Note) (DB) 160.
S.S. Sanatan Dharam Singh v. Estate Officer 1973 RLR (Note) 54.
21
New Delhi Municipal Committee v. Kalu Ram Air 1976 Supreme Court 1637.
20
27
(b) requiring the discovery and production of documents; (c) any other
matter which may be prescribed.
The estate officer will not be entitled to refuse an application to issue
summon on the ground that it might cause delay in the trial or that the
application is too vague.22
22
28
23
30
31
32
Remedies
Although the Act gives wide powers to the Estate officers, it also provides
with the Remedies which can be resorted to by an aggrieved person.
Section 9. Appeals. (1)An appeal shall lie from every order of the
estate officer made in respect of any public premises under section 5 of section
5B or section 5C or section 7 to an appellate officer who shall be the district
judge of the district in which the public premises are situate or such other
judicial officer in that district of not less than ten years' standing as the district
judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred:(A) in the case of an appeal from an order under section 5. [within twelve
days] from the date of publication of the order under sub-section (1) of that
section; (B) in the case of an appeal from an order [under section 5B or section
7, within twelve days] from the date on which the order is communicated to the
appellant; and
(C) in the case of an appeal from an order under section 5C, within twelve
days from the date of such order.
33
Provided that the appellate officer may entertain the appea1 after the
expiry of the said period, if he is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time,
(3) Where an appeal is preferred from an order of the estate officer, the
appellate officer may stay the enforcement of that order for such period and on
such conditions as he deems fit: [Provided that where the construction or
erection of any building or other structure or fixture or execution of any other
work was not completed on the day on which an order was made under section
5E for the demolition or removal of such building or other structure or fixture,
the appellate officer shall not make any order for the stay of enforcement of
such order, unless such security , as may be sufficient in the opinion of the
appellate officer, has been given by the appellant for not proceeding with such
construction, erection or work pending the disposal of the appeal.
(4) Every appeal under this section shall be disposed of by the appellate
officer as expeditiously as possible.
(5) The costs of any appeal under this section shall be in the discretion of
the appellant officer.
(6) For the purposes of this section, a presidency -town shall be deemed to
be a district and the chief judge or the principal judge of the city civil court
therein shall be deemed to be the district judge of the district.
34
24
Union of India v. Gulam Nabi Azad 1990 Rajdhani Law Reporter (DB) 242.
Indian Bank v. Blaze & Central (Pvt) Ltd. 1986 (1) RLR 560 Karnataka.
26
Parmanand Singh v. District Judge, Mirzapur 1982 (2) RCJ 186.
27
M /s Indoimex Agencies (Pvt.) Ltd. v. Life Insurance Corporation of India AIR 1983 Delhi 490.
28
N. P. Berry v. Delhi Transport Corporation ILR 1979 (Delhi) 1.
25
35
When the appeal is dismissed on the ground that it was barred by limitation
such finding based on requisite material of a Tribunal or a Court below is
Sacrosanct for the writ court and cannot he interfered with.29
29
Tara Singh v. Additional District Judge, Ferozepur AIR 1984 Punjab & Haryana 175.
36
37
eviction without prejudice to any other action that may be taken against him
under this Act.
In interpreting any penal provision it is not permissible to give an extended
meaning to the plain words of the section on the ground that a principle
recognised in respect of certain other provisions of law requires that this section
should be interpreted in the same way.30
30
38
39
31
Since inception of the Act, there has been constant conflict on applicability
of the Act vizavis the applicability of the state rent control act. The Act has
been made applicable since 1958. However, the question arises with respect to
premises which were not acquired by such Public Authority until much later
date and the tenants were till such date of acquisition, governed by the
respective state act. The Supreme Court judgment in Suhas Pophale case
clarified the position in such cases. It clarified that the Act can only be applied
from 16 September 1958, or from a later date when such premises became
government owned with the nationalization of the banks and private insurance
companies. The judgment of Supreme Court is primarily aimed at properties
belonging to nationalized insurance companies and nationalized banks.
Supreme Court of India in its recent judgment Dr Suhas H Pophale v
Oriental Insurance Company Limited and its Estate Officer32 has changed the
parameters of eviction of the tenant under the Public Premises (Eviction of
Unauthorised Occupants) Act, 1971.
31
32
40
In the instant case, Dr Suhas Pophale was the tenant of Indian Mercantile
Insurance Company(MIC) and was a lawful tenant under the Bombay Rent Act
1947 (now Maharashtra Rent Control Act, 1999). MIC was merged with the
Oriental Insurance Company (OIC) a government company, with effect from 1
January 1974. However the management of MIC was taken over by the Central
Government in 1971. Dr Suhas Pophale had obtained a license from the original
tenant in 1972 and MIC had been informed about the same. Thereafter eviction
order came to be passed against the said Dr Suhas Pophale in 1993 by the Estate
Officer of OIC which was later affirmed by the City Civil Court and Bombay
High Court.
Supreme Court allowed the appeal having following effect:
(A) When a tenant is protected as a 'tenant' or `deemed tenant' under the
State Act, prior to the merger of the erstwhile insurance company with a
Government Company, he could be removed only by following the procedure
available under the State Act.
(B) Thus, as far as the tenants of the premises which are not covered under
the Act are concerned, those tenants who were tenants or deemed tenants under
the State Act, continues to have their protection under the State Act. Legislation
is not to be given a retrospective effect unless specifically provided for, and not
beyond the period that is provided therein.
41
(C) For any premises to become public premises the relevant date will be
16 September 1958 or whichever is the later date on which the concerned
premises become the public premises (as belonging to or taken on lease by
Public Authorities like OIC). All those persons failing within the definition of a
tenant occupying the premises prior thereto will not come under the ambit of the
Act and cannot therefore be said to be persons in "unauthorized occupation". If
possession of their premises is required, that will have to be resorted to by
taking steps under the respective State Acts. If person concerned has come in
occupation subsequent to such date, then of course the Act will apply.
(D) The occupants of these properties were earlier tenants of the private
landlords. They have not chosen to be the tenants of the Government
Companies. Their status as occupants of the Public Insurance Companies has
been thrust upon them by the Act.
42
43
Act,
2015,
appointed
22.06.2015
as
the
date
on
which
the
44
45
46
Bibliography
Primary Sources
The Public Premises (Eviction of Unauthorised Occupants)
Act, 197.
The Public Premises (Eviction of Unauthorised Occupants)
Amendments act, 2015.
Web Sources
THE
PUBLIC
PREMISES
(EVICTION
OF
Officer
available
at:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=41216.
Suhas H. Pophale v. Oriental Insurance Co. Ltd., (2014) 4
SCC 657, available at:
http://www.supremecourtcases.com/index2.php?option=com_
content&itemid=99999999&do_pdf=1&id=45713.
Ministry of Law and Justice, THE PUBLIC PREMISES
(EVICTION
47
OF
UNAUTHORISED
OCCUPANTS)
AMENDMENTS
ACT,
2015,
available
http://www.indiacode.nic.in/acts-in-pdf/2015/201502.pdf
48
at: