- (1.) Heard Sri Anil Kumar Bajpai, learned counsel for the petitioner, Sri Gyan Prakash, learned Assistant Solicitor General of India for respondents no.1, 2 and 3 along with Sri Ravi Prakash Srivastava and Sri Mohd. Isha Khan, who has accepted notice for respondent no.4.
(2.) The proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "PP Act") have been challenged by the petitioner-University contending that the provisions of the PP Act does not apply and the jurisdiction of the Estate Officer is completely excluded keeping in view the nature of the occupancy which is admittedly not unauthorised.
(3.) Learned counsel for the petitioner submits that the land was acquired and handed over to the University and the petitioner-University has nowhere raised any constructions or occupied any land beyond the area that was acquired and given to the University. The petitioner-University is, therefore, neither an encroacher nor an unauthorised occupier so as to fall within the definition of the the PP Act. Even otherwise, the petitioner-University is a public statutory body and the respondents cannot raise the dispute under the PP Act for the purpose of eviction of the petitioner-University from the land in dispute.;