UNION OF INDIA Vs. ARUN SALUZA

JUDGEMENT

(1.) THIS batch of special appeals arises from a judgment of the learned Single Judge dated 8 October 2014. The learned Single Judge was seized with a batch of petitions under Article 226 of the Constitution questioning the legality of notices for eviction issued under Section 5A of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (Act of 1971) and orders passed in pursuance thereof. The learned Single Judge held that Section 5A and Section 5B were introduced by the Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1980(Amendment Act of 1980) which, upon receipt of the assent of the President, was published on 22 December 1980 and that, in consequence, the power to remove an unauthorized construction would exist only in respect of premises which have been constructed after the date on which the provisions had been introduced. In other words, in the view of the learned Single Judge, the provision would not apply to a structure which was existing prior to 22 December 1980. The learned Single Judge, in consequence, while allowing the writ petitions and setting aside the orders of eviction, held that this would not preclude the competent authority from proceeding afresh against the writ petitioners after duly verifying that the constructions have been made only after 22 December 1980.

(2.) THE learned Additional Solicitor General of India has, at the hearing, prefaced the submissions by stating that the challenge in this batch of special appeals is only to that part of the order of the learned Single Judge by which the applicability of the provisions of Section 5A has been confined to constructions which have been erected after 22 December 1980. Subject to the position in law being adjudicated upon and clarified by this Court, the appellants would have no objection to the eventual order of remand for re -examining all the facts and circumstances of individual cases.

(3.) SECTION 5A and Section 5B were introduced by Section 6 of the Amendment Act of 1980 ( No 61 of 1980). The Amendment Act of 1980 received the assent of the President on 20 December 1980 and was published in the Gazette of India on 22 December 1980 (Gazette of India Extraordinary, Part -II - Section I, pp 653 -660). Section 5A and 5B provide as follows: -