UNION OF INDIA Vs. C BALJEE

JUDGEMENT

(1.) The Union of India is aggrieved by an order of the District Judge, Simla. as Appellate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, quashing an order of the Estate Officer for eviction of the respondent, Shri C. Baljee.

(2.) The Grand Hotel. Simla, belongs to the Government of India. On April 15, 1965. the Government executed a lease in favour of Messrs Bailee in respect of a portion of the Grand Hotel for three years ending April 14. 1968 on an annual rent of Rs. 49,812/- payable monthly. There was a clause in the lease that it could be renewed at the option of the Government upon the expiry of the period of three years. On January 9/12, 1968 the Government of India wrote to the lessee that it had decided not to renew the lease and that, therefore, vacant possession should be handed over upon its expiry. The lessee served a notice under Section 80 of the Code of Civil Procedure on the Central Government protesting against the direction to vacate the premises and relied upon an alleged assurance that the tenancy would not be terminated. The notice warned that a suit for injunction would be filed in case any attempt was made at eviction or at letting out the premises to another. The Government of India replied on April 3, 1968 denving the alleged assurance and it again called on the lessee to vacate the leased property. It appears that the lessee did not deliver possession but continued to occupy the property. On June 7, 1968. the Estate Officer constituted by the Public Premises (Eviction of Unauthorised Occupants) Act. 1958, issued a notice under Section 4 (1) of that Act. After hearing the parties and considering the evidence adduced by the parties. the Estate Officer made an order dated March 16, 1970 holding that the lessee had failed to prove any authority to continue in occupation of the premises after April 14, 1968. and that the lessee and all other persons concerned were, therefore, in unauthorised occupation of the premises and were liable to eviction according to law. On March 25. 1970, the Estate Officer passed a formal order under Section 5 (1) of the aforesaid Act directing Shri C. Baljee and all other persons in occupation to vacate the premises within 30 days of publication of the order. An appeal was filed by Sihri C. Baljee before the District Judge. Simla, who, by virtue of Section 9 of the Act is constituted an Appellate Officer. The appeal was allowed by an order dated November 10, 1970. on the sole ground that the Act was ultra vires. That appellate order has been challenged by the present writ petition.

(3.) The Public Premises (Eviction of Unauthorised Occupants) Act. 1958, was enacted by Parliament, as the title shows to provide for the eviction of unauthorised occupants from public premises. Section 5 (1) empowered the Estate Officer, appointed under Section 3 of the Act. to make an order of eviction on finding that a person was in unauthorised occupation of the premises. In the event of the person refusing or failing to comply with the order of eviction the Estate Officer was authorised by Section 5 (2) of the Act to evict that person from and take possession of the public premises and. for that purpose to use such force as would be necessary, Section 7 of the Act empowered the Estate Officer to require such person to pay the arrears of rent payable in respect of the public premises: and also to assess the damages on account of use and occupation of such premises for the period of occupation thereafter. In case such person refused or failed to pay the arrears of rent or the damages the Estate Officer was empowered to issue a certificate to the Collector who would proceed to recover the same as arrears of land revenue.