KHAIRATI LAL Vs. DISTRICT JUDGE, JAMMU

JUDGEMENT

(1.) THESE two petitions raise common question of law and will be disposed of by one judgment.

(2.) THE Benches concerned hearing these petitions have made a reference to the Full Bench and the question is as to whether or not the Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act 1959 (hereinafter to be referred to as the Principal Act) as ameded by Act VI of 1968 is ultra -vires, being violative of Art. 14 of the Constitution of India. The Benches have not decided the cases of the petitioners on merits and only the question of law referred to above has been referred to us for an authoritative pronouncement.

(3.) IN petition No. 68 of 69 -Khairati Lal V. District Judge and Ors. the petitioners were lessees under the Wasidari Rules in respect of lands in dispute and were granted leases for a period of over forty years about 30 -35 years ago. The terms and conditions of the leases were governed by the Building Site Rules and were later replaced by the Land Grants Act of 1960 and the rules made thereunder. In the year 1962 the Government passed an order resuming the lands because the petitioners had not constructed any house on the land. After the order of resumption was passed compensation was fixed by the Executive Engineer in 1963 and was accepted by the petitioners under protests. Before, however, proceedings for compensation could be terminated the Government took action for eviction against the petitioners under Ss. 4 and 5 of the Act. The petitioners challenged the vires of Ss. 4 and 5 of the Act in order to resist the order of eviction passed by the Estate Officer on 15 -1 -69.