BIMAL ROY Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short "the Act") is a special Act dealing with the specific problem of taking speedy action against unauthorized occupants of Public Premises. It provides a machinery for eviction of persons of unauthorized occupation of Public Premises and certain matters incidental thereto. The scope and object of the Act is different from that of local rent laws. The protections afforded by one are not available under the other. In the matter of eviction and recovery of rent in respect of public premises the Act ousts the jurisdiction of rent laws by operation of Section 15 of the Act.

(2.) The proceedings under the Act are summary in nature. Rent in relation to any public premises, means the consideration payable periodically for the authorized occupation of the premises in terms of Section 2(g) of the Act. Section 3 of the Act deals with the unauthorized occupation of Public Premises. The said provisions read as follows:

(3.) Section 4 of the Act enables the Collector of the District if he is of opinion that any person is in unauthorized occupation of any public premises situated within his jurisdiction that he should be evicted, the Collector shall issue a notice to show cause against order of eviction by stating reasons in writing for doing so. On receipt of objections or reply from a person under notice, if the same is found to be not satisfactory considering the cause shown by a person in his defence under Section 4, he may if he is satisfied that the public premises are in unauthorized occupation may make an order of eviction for reasons to be recorded therein, directing that the public premises shall be vacated. Unlike under rent laws where there may be provision of fixing fair rent, the Act has no mechanism to fix market rent. The admitted rent is recoverable as damages in respect of public premises as arrears of land revenue under Section 7 of the Act. There is no authority vested in the collector to fix market value or to increase rent unless the original rent deed/lease deed executed between a tenant and the owner of public premises permits increase.