public premises and land - revenue and disaster management ...

4 Public Permises and Land (Eviction & Rent Recovery) Act
SECTION-2
through any agency, it becomes public premises-Disputed premise belong to the State
Government and as such are public premises-Petition fails.
1993(2) ALL INDIA LAND LAWS REPORTER 41.
FOR HARYANA
2. DEFINITIONS- In this Act, unless the context otherwise requires,-
(a) ―Collector‖ means the collector of the district and includes any other officer
appointed by the state Government for performing the functions of Collector under this Act;
(b) Estate has the meaning assigned to it in the Punjab Land Revenue Act, 1887
(c) ―premises‖ means any land, whether used for agricultural or non-agricultural
purposes, or any building or part of a building and includes—
(i) the garden, grounds and out-houses, if any, appertaining to such building or part of
the building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(d) ―prescribed‖ means by rules made under this Act;
(e) ―public premises‖ means any premises belonging to or taken on lease or
requisitioned by , or on behalf of the State Government, Requisitioning and Acquisition of
Immovable property Act, 1954, and includes any premises belonging to any local authority
1[of District Soldiers and Airman’s Board] [as any University established by law.]
(f)‖rent― in relation to any public premises, means the consideration payable
periodically for the authorized occupation of the premises and includes—
(i) any charge for electricity, water or any other services in connection with the
occupation of the premises;
(ii) any tax(by whatever name called) payable in respect of the premises; where such
charge or tax is payable by the State Government or the corporate authority.
COMMENTARY
Section 2(d) (as amended in 1969)- Bank(Patiala Central Co-operative Bank Patiala )
leasing premises –such leased premises are public premises as State Government has more than
51% share in the Bank-Bank premises covered by the definition of the word public premises.
1983(1) ALL INDIA LAND LAWS REPORTER 276.
-Notification issued for acquisition of Land for public purpose- In the mean time State
lauched proceeding for eviction of the petitioner from the land unauthorisedly occupied by
him- Land in dispute had vested in State Government-Eviction ordered-Both eviction and
notification issued for acquisition challenged by the Petitioner-Eviction order upheld in appeal-
No scope for interference in High Court-Acquisition notification also held right-Land
Acquisition Act,1894, Ss.4 and 6.
1991(1) ALL INDIA LAND LAWS REPORTER 18.
As per central act—public Premises (Eviction of Unauthorised Occupants) Act,1971.
(a) Section2(c)(i)-Premises belonging to or taken on lease or requisitioned by or on
behalf of Central Government as well as premises placed by that Government under the control
of either house of Parliament for providing residential accommodation to members of the staff
of the Secretariat of either House of Parliament.