- (1.) This petition seeks declaration that East Punjab Urban Rent Restriction (Amendment) Act, 2001 and notification dated 9.10.2009 issued by the Central Government under Section 87 of the Punjab Reorganisation Act, 1966 (for short, "the Reorganisation Act") extending the aforesaid Amendment Act to the Union Territory, Chandigarh are unconstitutional.
(2.) Case of the petitioners is that they are tenants in various residential and non-residential buildings in the Union Territory, Chandigarh and are facing eviction proceedings at the instance of different Non-resident Indian landlords of the respective buildings under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, "the Rent Act") as extended to Chandigarh vide East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, as amended vide the East Punjab Urban Rent Restriction (Amendment) Act, 2001 and extended to the Union Territory, Chandigarh vide notification dated 9.10.2009.
(3.) The impugned statutory provision is as under :- "13-B. Right to recover immediate possession of residential building or scheduled building and/or non-residential building to accrue to Non- resident Indian.-(1) Where an owner is a Non-Resident Indian and returns to India land the resident building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her, he or she, may apply to the Controller for immediate Indian possession of such building or buildings, as the case may be :- Provided that a right to apply in respect of such a building under this section, shall be available only after a period of five years from the date of becoming the owner of such a building and shall be available only once during the life time of such an owner. (2) Where the owner referred to in sub-section (1), has let out more than one residential building or scheduled building and/or non-residential building, it shall be open to him or her to make an application under that sub-section in respect of only one residential building or one scheduled building and/or one non-residential building, each chosen by him or her. (3) Where an owner recovers possession of a building under this section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of five years from the date of taking possession of the said building, failing which, the evicted tenant may apply to the Controller for an order directing that he shall be restored the possession of the said building and the Controller shall make an order accordingly." The term "Non-Resident Indian" has been defined under Section 2(dd) as under:- "2(dd) "Non-resident Indian" means a person of Indian original who is either permanently or temporarily settled outside India in either case " - (d) for or on taking up employment outside India; or (e) for carrying on a business or vocation outside India; or (f) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for an uncertain period;";