KRISHNA INVESTMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals under Clause 15 of the Letters Patent are at the instance of the two petitioners in two Rules. Those were the two Rules obtained on two writ petitions. As the Rules raised a common question as to constitutional validity of the material provisions of the Public Premises (Eviction of Unauthorised Occupants) Act 1971, they were heard together and were disposed of by a common judgment dated July 31, 1973 by a learned single Judge of this Court. Those Rules were discharged and the writ petitions were dismissed by the learned single Judge and feeling aggrieved by the said decision end the orders dismissing the respective writ petitions, the petitioners have preferred these two appeals.

(2.) The subject matters of challenge in those writ petitions were the two notices respectively dated 4th July, 1970 (in the case of Sri Krishna Investment & another) and 25th June, 1970 (in the case of Manton & Company Limited and another), both issued by the Estate Officer under Section 4 (1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 as amended by Act 40 of 1963 and Act 32 of 1968. The Estate Officer being of opinion on grounds set out in the notices that the petitioners were in unauthorised occupation of the respective Public Premises specified in the respective notices, called upon the petitioners to show cause why an order of eviction in respect of each of the petitioners should not be made. Before there could be any adjudication by the Estate Officer, the petitioners moved this Court with the aforesaid writ petitions challenging the validity of the initiation of the proceedings on the ground that material provisions of the Act are ultra vires the constitution being violative of Article 14 thereof. Inspiration for such a contention was obviously derived from the Special Bench decision of this Court in the case of Rajendra Prasad Singh v. Union of India, 72 Cal WN 787 = (AIR 1963 Cal 560) based as the same was on the decision of the Supreme Court in the case of Northern India Caterers Ltd. v. State of Punjab.

(3.) Pending the Rules in this Court, the Public Premises (Eviction of Unauthorised Occupants) Act, 1958 was repealed and re-enacted in Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act) and on the provisions of Section 20 thereof the impugned notices are to be deemed to have been issued under Section 4 of the said Act. The material provisions of the said Act were also retrospective having effect from September 16, 1958 (when the earlier Act had come into effect). In the case of Hari Singh v. Military Estate Officer, Delhi, the Supreme Court having upheld the constitutional validity of the said Act, the learned single Judge hearing the above Rules overruled the solitary ground of challenge of the impugned notices in the writ petitions and dismissed those writ petitions.