VIJAY KUMAR SON OF LATE SHRI PRITAM CHAND Vs. UNION OF INDIA THROUGH SECRETARY LAW, GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) The validity of Section 3-A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the validity of the proceedings initiated under the Act for eviction of the petitioners are the subject matter of these writ petitions. All the petitioners have been lessees of "Brigade Bazaar" in 'Yol' Cantonment in District Kangra. Though, there is dispute on the nature of lease, the fact remains that all of them have been in occupation of the premises. They were all issued notices in the year 2009 under Section 4 of the Act on various grounds including the ground that the land is required for military use. The petitioners had submitted their reply(s), as well. However, without passing any final order under Section 5 of the Act, they were issued notice under Section 3-A of the Act.

(2.) Section 3-A of the Act, reads as follows:

(3.) Section 2(fb) defines temporary occupation, which reads as follows: