EASTERN ECONOMIST LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks declaration of the second proviso to Section 3(a) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act), inter alia providing that only an Officer of the Statutory Authority concerned shall be appointed as an Estate Officer in respect of the public premises controlled by that Authority, as ultra vires. The petition also claims certain other and ancillary reliefs.

(2.) For conspectus of the matter, it may be stated that the petitioner is a tenant with respect to premises ad measuring 2446 sq. ft. on the 4th floor in UCO Bank Building, 5, Parliament Street, New Delhi; the respondent no.3 UCO Bank, after determination of tenancy of the petitioner of the said premises, in or about the year 2008 approached the Estate Officer for eviction of the petitioner from the said premises and the Estate Officer issued notice to the petitioner under Section 4 of the PP Act; and, that the petitioner is contesting the said proceedings before the Estate Officer. It is the case of the petitioner, (i) that the Estate Officer of the UCO Bank has already made up his mind to pass an order of eviction of the petitioner and with the said motive has been hurrying the matter and conducting the same contrary to law; (ii) that in fact the Estate Officer is the Zonal Manager of the UCO Bank and is directly involved in day-to-day affairs and administration including the administration of the entire UCO Bank building; (iii) that thus the Estate Officer of UCO bank is acting as a Judge in his own cause; (iv) that the witness of UCO Bank, in the proceedings before the Estate Officer also admitted that the issue of eviction of tenant is decided by the Zonal Manager (Head Ofice); (v) that in the circumstances, the petitioner filed an application under Rule 6 of the Public Premises (Eviction of Unauthorized Occupants) Rules, 1971 (PP Rules) before the respondent No.1, Department of Financial Services, Ministry of Finance, Govt. of India for transfer of the said proceedings pending before the Estate Officer of UCO Bank; (vi) however when the respondent no.1 did not take any action on the said application, the petitioner filed W.P.(C) No.1232/2014 in this Court and vide interim order dated 21st February, 2014 wherein the Estate Officer of the UCO Bank was restrained from passing any final order in the proceedings; (vii) the aforesaid writ petition was disposed of vide order dated 4th September, 2014 with a direction to the Joint Secretary, Department of Financial Services, Ministry of Finance, Government of India to decide the said application of the petitioner under Rule 6 of the PP Rules and with a further direction that till the disposal of the said application the Estate Officer of UCO Bank shall not pass any final order in the proceedings for eviction of the petitioner; and, (viii) that though the petitioner requested the said Joint Secretary to pass an order on the application only after summoning the file of the Estate Officer but he has, without summoning / requisitioning the said file, on 15th October, 2014 rejected the said application inter alia on the ground that under the second proviso to Section 3(a) of the PP Act the Estate Officer of UCO Bank only can be appointed as the Estate Officer.

(3.) The petitioner accordingly, in this petition, besides challenging the vires of the second proviso to Section 3(a) of the PP Act, has also, (i) challenged the order dated 15th October, 2014 of dismissal of the application under Section 6 of the PP Rules; (ii) sought a direction of transfer of the said eviction proceedings from the Estate Officer of UCO Bank to another Estate Officer; (iii) generally sought quashing of the proceedings for its eviction; (iv) sought a direction to the Estate Officer to grant an opportunity to the petitioner to re-examine the witnesses, lead evidence and to pass speaking orders; and, (v) sought a direction to the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises to ensure compliance of Office Memorandums dated 19th February, 1992 and 21st September, 1992 and to take other steps for amendment of the PP Act and PP Rules.