public premises and land - revenue and disaster management ...
public premises and land - revenue and disaster management ...
public premises and land - revenue and disaster management ...
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Public Permises <strong>and</strong> l<strong>and</strong> (Eviction & Rent Recovery) Act 5<br />
SECTION-2 <strong>and</strong> 3<br />
(b) Section 2( e}(ii}-Premises belonging to or taken on lease by or on behalf of various kinds<br />
of bodies such as Universities, Institute of technology Board of Trustees of Major Port Trusts <strong>and</strong> the<br />
Bhakra Management Board-Belonging to or: taken on lease by or on behalf of a Government<br />
Company or its subsidiary-Of any corporation established by' or under a Central Act <strong>and</strong> owned by, or<br />
controlled by the Central Government in the present case.<br />
(c}Section 2( e }(iii)--.Premises belonging to certain local authorities in the- Un ion Territory<br />
of Delhi.-<br />
COMMENTARY<br />
-Public Premises (Eviction of Unauthorised Occupants) Act, Premable-Provison of this act<br />
would prevail upon those of state Acts-VOL. 23 SUPP. ALL INDIA LAND LAWS REPORTER<br />
505.<br />
-Ss. 2(g}, 4, 5 <strong>and</strong> 9-Site allotted to Chuni lal resume by the Estate Officer Ch<strong>and</strong>igarh for<br />
having violated conditions of allotment-Proceedings against tenants for eviction as unauthorised<br />
occupants--Tenant Respondents file wit petitions against the orders-Tenants have no right to continue<br />
in Possession when allottees have been dispossessed-Superstructure built on the site belonged to<br />
allottees <strong>and</strong> they are to manage its removal or make some settlement with the administration-<br />
Tenants have no better rights than the l<strong>and</strong>lords.<br />
VOL. 26 ALL INDIA LAND LAWS REPORTER 599.<br />
-S.2( d} <strong>and</strong> 2( c}-Petitioner ordered to be evicted from <strong>premises</strong> in appeal challenges the l<strong>and</strong><br />
to be <strong>public</strong> <strong>premises</strong>-Held "<strong>premises</strong>" means any manner or through any agency, it becomes <strong>public</strong><br />
<strong>premises</strong>-Disputed <strong>premises</strong> belong to the State Government <strong>and</strong> as such are <strong>public</strong> Premises-<br />
Petition fails;<br />
1993(2} ALL INDIA LAND LAWS REPORTER41.<br />
FOR PUNJAB AND HARYANA<br />
3. UNAUTHORISED OCCUPATION OF PUBLIC PREMISES.-For the purposes of this<br />
Act, a person shall be deemed to be in unauthorised occupation of any<br />
<strong>public</strong> <strong>premises</strong>-<br />
(a) where he has, whether before or after the commencement of this Act entered into possession<br />
thereof otherwise than under <strong>and</strong> in pursuance of any allotment lease or grant; or ,<br />
(b) where he, being an allottee, lessee or grantee, has, by reason of the determination or<br />
cancellation of his allotment, lease or grant in accordance with the terms in that behalf therein<br />
contained, ceased, whether before or after the commencement of this Act, to be entitled to occupy or<br />
hold such <strong>public</strong> <strong>premises</strong>; or<br />
(c) where any person authorised to occupy any <strong>public</strong> <strong>premises</strong> has, whether before or after the<br />
commencement of this Act,- .<br />
(i) sub-let, in contravention of the terms of allotment, lease or grant, without the permission of<br />
the State Government or of any other authority' competent to permit such sub-letting, the whole or any<br />
part of such <strong>public</strong> <strong>premises</strong>; or<br />
. (ii) otherwise acted in contravention of any of the terns, express or implied, under which he is<br />
authorised to occupy such <strong>public</strong> <strong>premises</strong>.<br />
Explanation.-For the purpose of clause (a), a person shall not merely by reason of the fact<br />
that he has paid any, rent be deemed to have entered into possion as allottee, lessee or grantee.