L D NAYAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE petitioner, under Article 226 of the Constitution of India, seeks a direction to quash proceedings and orders made under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971- hereafter called "the Act"- in respect of premises owned by the respondent (hereafter called "the bank") being two shops; the Estate Officer had directed eviction by order dated 24-8-1991; the Additional District Judge, acting as appellate authority, had rejected the appeal, by his order dated 24-8-2001.

(2.) THE petitioner had been inducted as tenant in respect of two shops, on 25-3-1963, and 20-4-1963, respectively in the Punjab National Bank building (also known as the PNB shopping complex ). The tenancy continued even after management of the first respondent bank was nationalized, in 1970. The petitioner alleges having been regular in payment of rent and other charges.

(3.) ON 11-8-1986, the landlord bank issued notices, terminating the tenancy on the ground that it required the premises for its use. It also threatened initiation of eviction proceedings under the Act. On 15-4-1987, the bank"s regional manager, acting as Estate Officer, issued notices under Section 4 (i) of the Act for eviction from both premises. The second respondent was appointed as estate Officer, in September, 1987. Claiming to be aggrieved, the petitioner moved a writ petition before this Court challenging appointment of the second respondent, being WP 1487/ 1988; the court directed stay of dispossession, on 24-10-1988. It is also alleged that the petitioner sought details of the bank"s requirement of the premises, which was declined. He therefore applied to the estate Officer, for information in that regard. It is claimed that the latter even declined to receive the application and later, on 24-8-1991, issued eviction orders. The petitioner appealed against the said orders, on 3-9-1991.