JUDGMENT

THAKKAR, J.:— A Seven-Judge Constitution Bench decision in Hari Singhs case (1973) 1 SCR 515 : (AIR 1972 SC 2205) upholding the constitutionality of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 [Act 40 of 1971] (Act) notwithstanding, the petitioner has renewed the challenge by way of this petition under Art. 32 of the Constitution of India. Of course the epicentre of the present challenge has shifted and is now located in the plea that Parliament does not have the legislative competence to legislate on the subject of the impugned legislation which dimension was not in focus in Hari Singhs case.

2. The petitioner was allotted a piece of land on licence by the respondents. The licence was cancelled on the allegation that petitioner had illegally made encroachment on further land and had illegally raised a structure on the land granted on licence. The respondent terminated the licence. Proceedings were initiated against the petitioner under the Act. The competent authority passed an order of eviction against the petitioner. Petitioners appeal to the appellate authority under the Act was dismissed. The High Court also dismissed the petition preferred by t