The central legal point established in the judgment is the interpretation of the definition of public premises under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the requirement for logical reasoning in appellate decisions.

JUDGMENT :

The writ petition has been preferred by the State as against the impugned judgment rendered by the Court of District Judge, Champawat, on 21.09.2010 in Appeal No.12 of 2009, whereby the appeal preferred by the alleged unauthorized occupant under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 has been allowed and, as a consequence thereto, the judgment of the Prescribed Authority dated 30.04.2009 has been set aside, thereby resulting into turning down the proceedings under Section 4/5 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972.

2. Before dealing with the basic facts, a backdrop of the basic issue, as to whether at all the land in question happens to be a public land, over which any right could at all be vested to respondent no.2-Mohini Devi is a fact, which is required to be considered by this Court.

3. For the purpose of initiation of the proceeding under Section 4(1) of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972, the basic premise is that the property has had to be a “public premises”, as it has been defined under the Act, itself i.e. in its Sub-section (e) of Section 2, it would be inclusive of any premise, which belongs to or taken on lease or requisitioned by or on behalf of the State Government, and includes any classes of premises belonging to or taken on lease as it has been provided under the sub-clauses to the definition of public premises provide sub-section (e) of Section 2 of the Act. The definition of Public Premises as defined under Section 2(e) of the Act is extracted hereunder:-

“e) "Public premises" means any premises belonging to or taken on lease or requisitioned by or on behalf of the State Government and includes 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 State Government; or

(ii) any local authority; or

(iii) any Corporation (not being a company as defined in Section 3 of the Companies Act, 1956 or a local authority) owned or controlled by the State Government; or

(iv) any society registered under the Societies Registration Act, 1860, the governing body whereof consists, under the rules or regulations of the society, wholly of public officers or nominees of the State Government, or both;

and also includes—

(i) Nazul land or any other premises entrusted to the management of a local authority (including any building built with Government funds on land belonging to the State Government after the entrustment of the land to that local authority, not being land vested in or entrusted to the management of a Gaon Sabha or any other local authority under any law relating to land tenures);

(ii) any premises acquired under the Land Acquisition Act, 1894 with the consent of the State Government for a company (as defined in that Act) and held by that company under an agreement executed under 41 of that Act providing for re-entry by the State Government in certain conditions;

[but does not include, the Public Premises which are under the Administrative control of the Estate Department and which are occupied by,--

(a) a Minister of the Government of Uttar Pradesh or a person given rank of a minister;

(b) a Member of Parliament, a Member of Legislative Assembly or the Legislative Council of Uttar Pradesh;

(c) a non-Government organization, whether incorporated or registered or not:

(d) a political party not recognized by the Election Commission of India;

(e) a society registered under the Societies Registration Act, 1860, a trust registered under the Indian Trusts Act, 1888 or any Trade Union registered under the Trade Unions Act or any employees' association or any body of persons, whether incorporated or not.

(f) any outfit or frontal or other organization of a Political Party,whether recognized or not;

(g) any person who is not government servant, or who i