LIFE INSURANCE CORPORATION Vs. VITA

JUDGEMENT

(1.) In view of two conflicting judgments on the aspect of overriding applicability of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971[PP Act 1971]as against State Rent Control Legislations, a two-Judge Bench of this Court passed order dtd. 17/3/2015 in Special Leave to Appeal (Civil) No.35859 of 2014, [now Civil Appeal No.2638 of 2023] along with other Special Leave Petitions (Civil) Nos.6677 of 2015 and 4112 of 2015, referring the matters for adjudication by a threeJudge Bench.

(2.) The principal question that arises for determination in this batch of matters is whether the provisions of the PP Act 1971 would prevail over the respective State Rent Control legislations, in relation to premises let out prior to the commencement of the said Act, as against the premises let out after its enforcement but before their acquisition or transfer to the Government or any statutory corporation, by which the character of such premises stood transformed into "public premises" within the meaning of the Act.

(3.) As the Civil Appeal No.2638 of 2023 titled as "Life Insurance Corporation of India Limited vs. Vita Pvt. Ltd. & Anr." has been treated to be the lead matter, the basic facts involved therein may be highlighted as representative. In all other cases the facts are more or less similar. The Special Leave Petition/Civil Appeal arises from the judgment and order of the High Court of Bombay dtd. 20/6/2014 in Writ Petition (C) No.2628 of 2013 whereby the High Court quashed the order of the City Civil Court which had declared the order of eviction passed by the Estate Officer under the PP Act 1971 to be illegal, resting on the reasoning that the controversy was covered by the judgment of this Court in Suhas H. Pophale[ 2014 (4) SCC 657].