JUDGMENT

BHARUCHA, J.

1. The definition of "public premises" in S. 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter called "the Eviction Act, 1971") was extended by Act 61 of 1980 (with effect from 22nd December, 1980) to cover "(2) Any premises belonging to, or taken on lease by, or on behalf of, (i) any company as defined in S. 3 of the Companies Act, 1956, in which not less than fifty-one per cent, of the paid up share capital is held by the Central Government or any company which is a subsidiary within the meaning of that Act of the first mentioned company, (ii) any corporation (not being a company as defined in S. 3 of the Companies Act, 1956, or a local authority) established by or under a Central Act and owned or controlled by the Central Government....." These writ petitions and appeal challenge the vires of the Eviction Act, 1971, in so far as it is made applicable to premises belonging to what we shall call "Government companies and corporations". The challenge is based upon Arts. 14 and 19(1)(f) and (g) of the Constitution of India. It is also contended that, having regard to Art. 254(2), the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act,. 1947 (hereinafter called "the Bombay Rent Act") a prevail over those of the Eviction Act, 1971.

2. It may be mentioned that it was also contended that Parliament had no legislative competence to pass the Eviction Act, 1971. That challenge already stands rejected.

3. The relevant provisions of the Eviction Act, 1971, are these : It extends to the whole of India. "Premises", as defined by S. 2(c) mean any land or any building or part of a building.

4. "Unauthorised occupation" is defined by S. 2(g) to mean "the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of public premises after the authority..... under which he was allowed to occupy the same has expired or has been determined for any reason whatsoever"

5. Sections 4 and 5 read thus :

"Section 4.(1) If the estate officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.
(2) The notice shall
(a) specify the grounds on which the order of eviction is proposed to be made; and
(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,
(i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof, and
(ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.
(3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons.
(4) Where the estate officer knows or has reasons to believe that any persons are in occupation of the public premises, then, without prejudice to the provisions of sub-sec. (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
Section 5 (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under S. 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under Cl. (b) of sub-sec. (2) of S. 4, the estate officer is satisfied that the public premises are in unauthor