RULIA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who are said to be in unauthorised occupation of package deal property governed by the Punjab Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to the Package Deal Properties Act), were issued notices, Annexures P.2 to P.6 under the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Eviction Act) and the proceedings, so initiated, resulted in passing of the impugned eviction orders, Annexures P. 10 to P.14. In this petition, they have impugned the issuance of these notices as also the aforesaid orders on the ground that the action under the Eviction Act has been expressly barred by the provisions of sub-section (2) of section 16 of the Package Deal Properties Act.

(2.) The aforesaid ground has been reiterated by the counsel for the petitioners.

(3.) There is merit in the contention advanced on behalf of the petitioner. Section 16(2) of the Package Deal Properties Act is in the following terms :-