UNION OF INDIA Vs. ATUL KUTHALIA AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of two Civil Revision Nos. 732 of 1983 and 1829 of 1983. The former is directed against the order of appointment of Local Commissioner to demarcate Khasra Nos. 17 and 18 to find out if the property in dispute is situate in either of the said Khasra number. The other is directed against the order refusing to grant ad interim injunction restraining the Union of India from demolishing the shops in dispute.

(2.) The principal argument advanced on behalf of the Union of India is that the suit to challenge the order of eviction passed under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 (hereinafter called the Act) is barred by virtue of the provisions of section 15 of the Act which provides that no Court shall have jurisdiction to entertain any suit or proceedings in respect of the eviction of any person who is in unauthorised occupation of any public premises etc. The scope of inquiry under the 1958 Act was laid down by a Division Bench of this Court in the following terms :-