TIRLOK CHAND GUPTA Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing the proceedings initiated by the Estate Officer, Panjab University, Chandigarh vide order dated 21.9.2007 (Annexure P-11) on the ground that the Estate Officer, Panjab University has no jurisdiction and the office of the Estate Officer could not be constituted under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for brevity 'the Act'). The petitioner has emphasised that expression 'public premises' has been defined in Section 2(e)2(iii) of the Act to mean any premises belonging to, or taken on lease by, or on behalf of any university established or incorporated by any Central Act. Accordingly, the following question of law has been raised :-

(2.) MR . Shireesh Gupta, learned counsel for the petitioner has vehemently argued that the Panjab University Act of 1947 is an Act passed by the Provincial Legislature and as such it cannot be regarded as a University established or incorporated by a Central Act. According to the learned counsel once it is so, then the premises belonging to the Panjab University cannot be considered to be public premises within the meaning of Section 2(e)(2)(iii). He has, thus, emphasised that no Estate Officer by the Panjab University can be appointed to initiate proceedings of ejectment against the petitioner.

(3.) A perusal of Section 72 makes it abundantly clear that even the successor states are to make such grants inter alia for the Panjab University as may be determined by the Central Government from time to time.