The main legal point established in the judgment is the interpretation of the definition of 'unauthorized occupant' under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and the applicability of the Act to premises belonging to the Central Government and those under the management of the Cantonment Board.

Arun Tandon, J.—Heard Sri K. L. Grover, assisted by Sri Ramesh Singh on behalf of the petitioner and Sri A. K. Singh on behalf of the respondent.

2. This writ petition is directed against the order passed by the Military Estate Officer under Section 5 (1) Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as Act) dated 5th November, 1984 as also against the order passed by the Additional District Judge, Agra, in appeal under Section 9 of the Act, 1971, dated 24th April, 1987.

3. I have heard counsel for the parties and have gone through the record of the writ petition.

4. Firm Bharat Gas Agency, of which the petitioner claims to be the proprietor, was granted licence in respect of the land situate in Survey No. 400, total area 1325 sq. feet. on payment of rent of Rs. 462.04 p. per month for the period between 30.3.1973 to 23rd March, 1974. The aforesaid allotment letter was termed as licence for occupying the site.

5. Admittedly, the term of the licence expired on 29th March, 1974. Thereafter a detailed correspondence took place between the petitioner and Military Estate Officer for grant of the lease of the aforesaid land in favour of the firm. The said request of the petitioner was considered by the Government of India and the Government sanctioned grant of lease in favour of the petitioner vide letter dated 7.7.1980 on payment of damages of Rs. 30,408.08 and rent of Rs. 9,970 with premium of Rs. 49,850. The petitioner did not accept the aforesaid terms for grant of lease and entered into further correspondence with the Government for reduction of premium, etc., Since the term of the lease could not be finalised between the parties, the Military Estate Officer issued a notice to petitioner under Section 4 (1) of the Act, dated 6th March, 1983.

6. By means of the said notice the petitioner was called upon to show cause as to why an order of eviction may not be passed against him. The petitioner submitted a reply to the said notice. The said reply was considered by the Military Estate Officer and not being satisfied with the reply of the petitioner an order dated 5th February, 1984 was passed under Section 5 (1) of the Act, for eviction of the petitioner from the premises.

7. Feeling aggrieved by the aforesaid order of the Military Estate Officer, the petitioner filed appeal under Section 9 of the Act, before the District Judge, which was registered as Misc. Appeal No. 329 of 1984. The appeal filed by the petitioner has also been dismissed by means of the order dated 24th April, 1987. Hence the present writ petition.

8. On behalf of the petitioner it is contended that the licence/lease, which was originally granted in favour of the petitioner vide letter dated 4th August, 1973 was never determined as such the petitioner cannot be said to be an unauthorised occupant in view of the Section 2 (g) of the Act. According to petitioner unless and until there is determination of lease by an order in writing, the petitioner shall continue to be the lease holder of the premises on the principle of holding over. It is further contended that the notice under Section 4 of the Act was issued by the Military Estate Officer and he himself has decided the notice so issued, by means of the order dated 5th February, 1984, consequently the order is liable to be set aside on the ground of bias inasmuch as no person can be Judge of his own cause.

9. Lastly, it is contended that the premises in question is not covered by the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as it is cantonment land. The provisions of the said Act were not applicable to the land belonging to the Cantonment Board. Reference in that regard was made to the amendment made in Section 2 (e), 2 (viii), which has been added to the Act by the Amending Act No. 7 of 1994 by which for the first time in 1994 the land belonging to Cantonment Act have been brought within the purview of the said Act. Pr