B.M. Lal and M. Katju, JJ. - (1.) THIS Review Petition has been directed against the order dated 30 -8 -1993 reported in, 1993 (2) ARC 460 (DB) passed by the Court. Shri R.N. Singh, Senior Advocate, appearing for the petitioner -applicant, contended that the direction given under the impugned order has no relevance to the present case in view of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as 'the Act') inasmuch as the provisions of Section 21 of the Act do not apply to the accommodation in question.
(2.) THE accommodation in question is in the tenancy of the State Government and if, any accommodation is in the tenancy of the State Government, the provisions of Section 21 of the Act have no application to the same and, therefore, it is submitted by the learned Counsel for the petitioner that the petitioner has no alternative remedy to the reliefs sought for by him in this writ petition except to invoke the extra -ordinary jurisdiction of this Court under Article 226 of the Constitution and hence the direction issued by this Court under the impugned order is of no avail to the petitioner. We have heard the arguments of Shri R.N. Singh, learned Counsel appearing for the petitioner, and of the learned Standing Counsel, appearing for the State, who has filed his written arguments also submitting that the authority concerned has already been directed to vacate the accommodation in question. It is also submitted by him that the said defence has been taken in the counter -affidavit also. Thus, the State have also no objection in case the review petition is allowed. We have perused the record of the case also and gone through the provisions of Sections 21 and 3(o) of the Act.
(3.) FOR the brevity of the case, it is necessary to reproduce the relevant provisions of sub -section (8) of Section 21: - - 21. Proceedings for release of Building under occupation of tenant. - - (1) The Prescribed Authority may, on an application of the landlord in that behalf, order the eviction of a tenant from the building under tenancy or any specified part thereof if it is satisfied that any of the following grounds exists namely - - ...................................................................................................................................... (8) Nothing in Clause (a) of sub -section (1) shall apply to a building let out to the State Government or the Local authority or to a Public Sector Corporation or to a recognized Educational Institution unless the Prescribed Authority is satisfied that the landlord is a person to whom Clause (ii) or Clause (iv) of the Explanation to sub -section (1) is applicable: Provided that in the case of such a building the District Magistrate may, on the application of the landlord, enhance the monthly rent payable therefor to a sum equivalent to one twelfth of ten percent of then market value of the building under tenancy, and the rent so enhanced shall be payable from the commencement of the month of tenancy following the date of the application: Provided further that a similar application for further enhancement may be made after the expiration of a period of five years from the date of the last order of enhancement.;