Law of Public Premises in India by S.C. Mitra – 4th Edition 2020

Description

The provisions of “Public Premises (Eviction of Unauthorized Occupants) Act, 1971” has been enacted upon to secure the property of the State. It is not in dispute that the provisions of “Act, 1971” would be applicable in order to secure the property of the state. The said Act would be applicable if an occupier of the premises is found to be unauthorized occupants of the public premises. The provisions of unauthorized occupants has been provided under Section 2 (g) of the “Act, 1971”.  It is evident from the definition of unauthorized occupation which means in relation to any public premises, means the occupation by any person of the public premises without authority for such occupants, and includes the continuance in occupation by any person of the public premises after the authority, whether by way of grant of any other mode of transfer, under which he was allowed to occupy the premises, has expired, or has been determined for any reason whatsoever. A person continuing in possession of the premises after termination, withdrawal or revocation of the licence continues to occupy it as a trespasser or a person who has no semblance of any right to continue in occupation of the  premises, such a person cannot be called a licensee. It is evident that the public premises as par the definition stipulated under the provision of Section 2 (e) of the “Act, 1971″, meaning thereby, that any premises belonging to or taken on lease or requisitioned by, or on behalf of, the  Central Government, and includes any such premises which have been placed by that Government, whether before or after the commencement of Public Premises (Eviction of Unauthorized Occupants) Amendment Act, 1980, under  the control of the secretariat of either House of Parliament for providing residential accommodation to any member of the staff of that Secretariat.”