UNION OF INDIA Vs. SHANTI DEVI

JUDGEMENT

(1.) By this writ petition the petitioners have sought the quashing of the order dated November 29, 1977 (Annexure PG), passed by District Judge, Simla, exercising the powers of Appellate Authority under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Act No 40 of 1971), (hereinafter to be called as the Act), allowing the appeal of Nikroo Ram, original respondent and predecessor of respondents No. 1 (i) to 1 (vii).

(2.) The facts giving rise to the filing of the present writ petition are that three agricultural plots of land depicted by Survey No . 82, 83 and 83 -A, admeasuring 2 357 acres, 6.14 acres and 8 90 square feet, respectively, situate within the Cantonment area of Jatogh in the District of Simla, owned by the first petitioner -Union of India, under the management of third petitioner, were given on lease for agricultural purposes, on April 21, 1953 to Nikroo Ram (hereinafter to be referred as the respondent), on the basis of lease document Annexure PB/I for the period from September 16, ?952 to June 30, !956 on payment of Rs. 185 as rent on the terms and conditions mentioned therein The period of lease was extended from time to time by various supplementary deeds, Annexures PB/2 to PB/5, upto June 30, 1973. On the expiry of lease period, proceedings for eviction of respondent were initiated under the provisions of the Act by issuing a notice, Annexure PC, dated December 23, 1975. It was mentioned in the notice that as the period of lease had not been renewed, the respondent was an unauthorised occupant, liable to be evicted A reply dated January 9,1976 (Annexure PD), was filed by respondent and thereafter petitioner No. 3, exercising the powers of Collector under the Act, on May 26, 1976, passed an order (Annexure PE), ordering his eviction. Feeling aggrieved by the said order, an appeal, (Annexure PF), was preferred by the respondent before the Appellate Authority, who allowed the appeal on November 29, 1977, vide order Annex re PG. by setting aside the order of eviction. The Appellate Authority held that by virtue of provisions of section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Act No - 8 of 1974) (briefly the Tenancy Act), all rights, title and interest of the Union of India in the land in question had extinguished and stood vested in the respondent free from all encumbrances as property leased out was land and respondent was tenant as defined in the Tenancy Act. It is this order (Annexure PG) which is ought to be quashed by the petitioners in this writ petition.

(3.) The petitioners have assailed the order on the ground that the Act is a special Act providing for a speedy procedure for eviction of unauthorised occupants of public premises and Parliament is competent to legislate in respect of the property of Union of India under Entry 32. List I of Schedule VII of the Constitution of India, regardless of whether the property is situate in a State and as the Parliament has already enacted the legislation, namely, the Act, therefore, it will prevail upon as against the Tenancy Act enacted by the State, On the strength of this argument it has been urged that proceedings for eviction initiated against the respondent were valid and order of eviction, Annexure PE, was rightly passed by the Collector. The Tenancy Act has no applicability insofar as the property in question is concerned.