JAGAT TALKIES DISTRIBUTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE PETITIONERS HAVE IMPUGNED THE NOTICES DATED 14.04.1981 ISSUED UNDER SUB-SECTION (1) OF SECTION 4 OF THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 ( HEREINAFTER TO BE REFERRED TO AS, `THE SAID ACT' ) IN RESPECT OF PREMISES / LAND MEASURING 1389 SQ. YDS. OF NAHAR SADAT KHAN, DELHI AND THE STRUCTURE CONSTRUCTED THEREON. THE THIRD NOTICE OF THE SAME DATE ISSUED UNDER SECTION 7(3) OF THE SAID ACT IN RESPECT OF DAMAGES HAS ALSO BEEN IMPUGNED.

(2.) THE MATTER WAS ADMITTED IN TERMS OF THE ORDER DATED 02.09.1981 AND INTERIM ORDERS WERE GRANTED IN FAVOUR OF THE PETITIONERS STAYING THE PROCEEDINGS BEFORE THE ESTATE OFFICER NOTICING THAT IT IS THE PETITIONERS' CASE THAT THE LEASE HAS COME TO AN END BY EFFLUX OF TIME, BUT THE PETITIONERS DISPUTE THAT THEY ARE IN UNAUTHORISED OCCUPATION WITHIN THE MEANING OF THE SAID ACT. WHILE ADMITTING THE MATTER, IT WAS DIRECTED THAT THE SAME SHOULD BE HEARD BY A FULL BENCH. ON AN APPLICATION OF EARLY HEARING FILED BY THE RESPONDENTS, THE MATTER WAS TAKEN UP ON 24.09.2004 BY THE FULL BENCH. THE FULL BENCH NOTICED THAT THE MATTER WAS POSSIBLY DIRECTED TO BE HEARD BY THE FULL BENCH IN VIEW OF THE DISPUTES RAISED AT THE RELEVANT STAGE OF TIME. HOWEVER, IN VIEW OF THE SUBSEQUENT DECISION OF THE SUPREME COURT IN ASHOKA MARKETING LIMITED & ANR. V. PUNJAB NATIONAL BANK & ORS., AIR 1991 SC 855, THE CHALLENGE TO VIRES OF PROVISIONS OF THE SAID ACT NO LONGER SURVIVED. THE MATTER WAS DIRECTED TO BE LISTED BEFORE THE CONCERNED COURT AS PER ROSTER. THEREAFTER, THE MATTER HAS BEEN LISTED FOR FINAL HEARING.

(3.) IT MAY BE NOTICED THAT AT THE STAGE OF FILING OF THE WRIT PETITION WHILE CHALLENGING THE IMPUGNED NOTICES, VIRES OF PROVISIONS OF THE SAID ACT, ESPECIALLY SECTIONS 4 AND 5 WERE CHALLENGED. THE VIRES HAS BEEN UPHELD IN THE AFORESAID JUDGMENT OF THE SUPREME COURT IN ASHOKA MARKETING LTD.'S CASE (SUPRA).