The Public Premises Act supersedes the Rent Control Act in cases involving public premises, and the determination of tenancy under the Transfer of Property Act can lead to the status of unauthorized occupant under the Public Premises Act.

U.C. Dhyani, J.

1. Since the facts and law governing the field of aforementioned writ petitions are identical, therefore, they are being decided together by this common judgment and order for the sake of brevity and convenience.

2. Writ Petition no. 583 of 2014 (M/S) shall be the leading case.

3. Above noted writ petition has been filed by the petitioner assailing the order dated 07.11.2007, passed by the Estate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, in case no. D-10/2003, Life Insurance Corporation of India vs. Prem Chand, whereby the petitioner was held to be unauthorized occupant and was directed to handover vacant and peaceful possession of the premises to the Life Insurance Corporation of India (for brevity here-in-after referred to as ‘LIC’) within 15 days from the date of publication of the order. The petitioner was also directed to pay LIC a sum of Rs.1,00,800/- as arrears of rent and damages accrued and pendentelite. The petitioner has also assailed the judgment and order dated 28.02.2014, passed by IV Addl. District Judge, Dehradun, in P.P. Appeal no. 127 of 2017, whereby the appeal filed by the petitioner was dismissed, affirming the order passed by the Estate Officer.

4. Briefly put, LIC in its notice dated 30.09.2002, under Section 106 of the Transfer of Property Act, sent through registered post with A.D. as well as under the postal certificate, determined the tenancy of the petitioner, who was also directed to handover the vacant and peaceful possession of the property in question after the expiry of period of notice, i.e., 30 days from the date of receipt of notice. The petitioner was also called upon to pay the arrears of rent and damages for unlawful occupation and use of said premises. When petitioner failed to comply with the notice, LIC moved an application before the Estate Officer under Section 5(1) read with Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short here-in-after referred to as ‘Act no. 40 of 1971’), who issued notice to the petitioner under Section 4 of the Act no. 40 of 1971, enclosing therewith copy of the application moved by LIC, mentioning therein as to why order of eviction and payment of arrears and damages be not passed against the petitioner on the ground that tenancy of the petitioner stood terminated vide legal notice. Notice was also affixed on the premises in question.

5. Undisputedly, building in question was occupied by LIC in the year 1960. The petitioner was in possession of the same, as a tenant, even before that. Service of notice under Section 106 of the Transfer of Property Act as well as under Section 4 of the Act no. 40 of 1971 is admitted and is not in dispute. As per Section 2(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short referred as ‘U.P. Act no. 13 of 1972’), any building of which the Government or local authority or a public sector corporation or a Cantonment Board is the landlord, provisions of U.P. Act no. 13 of 1972 shall not apply. It is not in dispute that LIC is a Public Sector Corporation and the tenancy in question is not governed by the provisions of the U.P. Act no. 13 of 1972.

6. The words “public premises”, according to the Act no. 40 of 1971, means any premises belonging to any corporation 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) Act, 1980 (61 of 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.

7. This fact is under no dispute that LIC is established under the Central Act. As per Clause (2) of sub-section (e) of Section 2 of the Act no. 40 of 1971, any premises belonging to any corporation establis