SANJAY KISHAN KAUL, J.

( 1 ) THE petitioner is a perpetual lessee of premises bearing Office No. 2, First Floor and Servant Quarter 113 and 115, Atma Ram Mansion (Scindia House), Connaught Circus, Janpath, New Delhi which was given on lease to respondent No. 1, a nationalised bank. The petitioner terminated the lease vide a legal notice dated 17. 8. 1991 issued under Section 106 of the Transfer of Property Act. The notice was replied to by respondent No. 1, the bank on 8. 9. 1991 alleging that the premises in question are covered by the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the PP Act ) and claiming that the provisions of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Rent Act ) are not applicable. Respondent No. 1 thus refused to vacate the premises.

( 2 ) THE petitioner thereafter issued a notice dated 13. 9. 1991 to respondent No. 2, Secretary, Ministry of Finance asking for the appointment of an Estate Officer under Section 3 of the PP Act in view of the fact that respondent No. 1 was an unauthorized occupant of the public premises so that the petitioner could seek eviction from the premises. It was stated that the Rent Controller would have no jurisdiction and in view of the bar contained under Section 15 of the PP Act, the civil court would also not entertain a suit or proceedings for eviction. There is no reply to the said notice and the petitioner has thereafter filed the present writ petition seeking appointment of such an Estate Officer.

( 3 ) LEARNED counsel for the petitioner referred to the provisions of Section 2 (e) of the PP Act which defines a public premises. The said provision is as under:

"2. Definitions.-- In this Act, unless the context otherwise requires, -- (e) "public premises means-- (1) 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 the Public Premises (Eviction of Unauthorised 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; (2) any premises belonging to, or taken on lease by, or on behalf of,-- (i) any company as defined in section 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 company as defined in section 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. (iii) any University established or incorporated by any Central Act. (iv) any Institute incorporated by the Institutes of Technology Act, 1961. (v) any Board of Trustees constituted under the Major Port Trusts Act, 1963. (vi) the Bhakra management Board constituted under section 79 of the Punjab Reorganisation Act, 1966 and that Board as and when re-named as the Bhakra-Beas Management Board under sub-section (6) of section 80 of that Act; (vii) any State Government or the Government of any Union Territory situated in the National Capital Territory of Delhi or in any other Union Territory. (viii) any Cantonment Board constituted under the Cantonments Act, 1924; (2 of 1924); and (3) in relation to the National Capital Territory of delhi,-- (i) any premises belonging to the Municipal Corporation of Delhi, or any municipal committee or notified area committee, (ii) any premises belonging to the Delhi Development Authority, whether such premises are in the possession of, or leased out by, the said Authority; and (iii) any premises belonging to, or taken on lease or requisitioned by, or on behalf of any State Government or the Govern

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