- (1.) PRAFULLA C. Pant, J. By means of this writ petition, moved un der Article 226 of Constitution of India, the petitioner has sought writ in the na ture of certiorari quashing the judgment and order dated 09-12-1980, passed by respondent No. 1 on application (Annexure-1) moved by respondent No. 2, for enhancement of rent under Sec tion 21 (8) of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972.
(2.) BRIEF facts of the case are that respondent No. 2 - Smt. Leela Wati Negi is owner/landlady of premises bearing municipal No. 14/2 Naya Gaon, Dehradun. The petitioner i. e. State through Deputy Director of Ag riculture, Soil Conservation, Dehradun, was tenant on monthly rent of Rs. 500/- per month in said building. (Now the petitioner has ad mittedly vacated the said premises and handed over the possession to respondent No. 2 ). While the peti tioner was tenant of the premises in question, the landlady moved an ap plication under Section 21 (8) of aforesaid U. P. Act 13 of 1972, for enhancement of rent from Rs. 500/-per month to Rs. 2,000/-per month. A copy of said application is Annexure-1 to the writ petition. The said application for enhancement of rent was contested by the petitioner before respondent No. 1 on the ground that the provisions of U. P. Ur ban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, are not applicable to the premises in question as the building is a public building. The said preliminary objection of the petitioner was considered by the re spondent No. 2 and impugned order dated 09-12-1980, was passed hold ing that the application under Section 21 (8) of aforesaid Act is maintainable for enhancement of rent of the build ing occupied by the State (petitioner ). The petitioner has challenged said order on the ground that in view of definition of 'building', under Section 21 (1) (a) and that of 'public building', defined under Section 3 (o) of afore said Act, proviso of Section 21 (8), is inapplicable to such buildings. (This writ petition was filed before Allahabad High Court and received by this Court by transfer under Sec tion 35 of U. P. Reorganisation Act, 2000 ). We heard learned Standing Counsel for the petitioner and have examined the impugned order dated 09-12-1980, passed by respondent No. 1, holding that application of the landlady is maintainable under Sec tion 21 (8) of U. P. Act No. 13 of 1972. Clause (a) of sub-section (1) of Section 2 of U. P. Urban Buildings (Regulation of Letting, Rent and Evic tion) Act, 1972, provides that noth ing in the Act shall apply to any building of which Government or lo cal authority or a public sector corpo ration or a Cantonment Board is the landlord. Section 3 (o) of said Act, defines the word "public building" as under: " 'public building', means any building belonging to or taken on lease or requisitioned by or on behalf of the Central Government or a State Government (including the Government of any other State), and includes any building belonging to or taken on lease by or on behalf of any Local author ity or any public sector corpora tion. " It is pertinent to mention here that Section 21 of the aforesaid Act contains provisions relating to the proceedings for release of building under occupation of tenant. But its sub-section (8) reads as under: " (8) Nothing in clause (a) of sub section (1) shall apply to a build ing let out to the State Govern ment or to a local authority or to a public sector corporation or to a recognised educational institution unless the Prescribed Authority is satisfied that the landlord is a per son to whom clause (ii) or clause (iv) of the Explanation to sub-sectiion (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 per cent of the 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 appli cation for further enhancement may be made after the expiration of a period of five years from the date of the last order of enhancement. "
(3.) FROM the perusal of aforesaid three provisions namely Section 2 (1) (a), Section 3 (o) and Section 21 (8) of U. P. Urban Buildings (Regu lation of Letting, Rent and Eviction) Act, 1972, it appears as if the provi sos of sub-section (8) of Section 21, are contrary to the provisions con tained in Section 2 (1) (a) read with Section 3 (o ). However, this Court is of the view that what is required to be seen in the circumstances, is the intention of the legislature in keeping the proviso in sub-section (8) of Sec tion 21 in the statute. Since a build ing let out to Government cannot be got released under Section 21 (1) (a) of the Act, as such, the landlord has been given a right to get the rent en hanced if the necessary conditions are fulfilled under the said Section. Therefore, a harmonious construction of aforesaid provisions is required to be made. A true spirit contained in the Act after reading the aforesaid all the three provisions together, makes this Court to opine that sub-section (8) of Section 21. being specific has an overriding effect over the general definitions and provisions contained in Section 2 (1) (a) and Section 3 (o) of the Act. That being so, where other provisions of the Act are inapplicable to public buildings, in view of the definition of 'building' and 'public building' to the accommodation owned or let out to the Government Department, provisions quoted above contained in sub-section (8), are ap plicable to such building. The above view gets support from the view taken by Allahabad High Court in para 39 and 40 of the judgment delivered in Punjab Na tional Bank Vs. Sugan Chandra 1985 (1) Allahabad Rent Cases Pg. 215 (Full Bench ). Same view was re iterated by the Lucknow Bench of Allahabad High Court in Hussaini Begum Vs. State of U. P. 1985 (1) Allahabad Rent Cases, Pg. 492. Oth erwise also Section 2 (1) (a) of the Act relates to a building of which Govern ment, Cantonment Board or public corporate body etc is the landlord, while Section 21 (8) of the Act applies to the building in which such author ity is the tenant and not landlord.;