RADHA KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition has been filed against the orders passed by the Prescribed Authority and the appellate authority rejecting the application for enhancement of rent under section 21 (8) of the U. P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the said Act.). THE undisputed facts of the case are that the petitioner was owner of the disputed building which was let out to the State Government on rent. It was to house certain Government Offices. Under the proviso to Sec. 21(8) of the Act the landlord was entitled to enhancement of monthly rent in accordance with the proviso to the Act. THE claim was contested by the State Government and the application has been dismissed by both the authorities on the ground that the disputed building was a public building. A public building is defined in the Act under Sec. 3 clause (o) of the said Act as under:-

(2.) THE contention that clause (a) of sub-sec. (1) of sec. 2 of the Act made the provisions of sub-sec. (8) of sec. 21 redundant has to be rejected. No words in an enactment should be considered to be redundant or surplus in interpreting that provision. In B. Shah v. Presiding Officer, Labour Court Coimbatore, AIR 1978 SG 17 it was held: "It is a cardinal rule of construction that no words should be considered redundant or surplus in interpreting the provisions of a statute or a rule". THErefore, the two provisions which are apparently in conflict have to be construed in a manner that may be harmonious and both could be reconciled. In the case of J. K. Cotton Spinning and Weaving Mills Co. Ltd. v. State of Uttar Pradesh, AIR 1961 SC1170 it was held :

(3.) IN the result, the present petition is allowed. Orders of the Additional District Magistrate (City) Moradabad dated 31-7-78 in case No. 10 of 1977 and that of District Judge Moradabad in Civil Appeal No. 352 of 1978 dated 7th May 1979 (Annexures 5 and 7 of the writ petition) respectively are quashed. The case will be considered afresh by the Prescribed Authority in accordance with law and the observations made above. There will be no order as to costs. Petition allowed.