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1980 Supreme(MP) 103

High Court Of Madhya Pradesh
G. P. Singh, C. J. and B. C. Varma, J.
MUNNAWAR AHMAD - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Misc. Petn. 645 Of 1979
Decided On : 04/25/1980

Advocates Appeared:
R.D.Jain, S.L.SAXENA, Y.K.Munshi

Headnote:1) Constitution of India - Art.14 - classification of public and private premises in matter of eviction - when permissible.

       (2) Lok Parisar (Bedakhali) Adhiniyam, 1974 - Ss.4, 5 & 9 - as amended by sections 4 & 5 of the M.P. Act No.9 of 1978 are unconstitutional and void - Constitution of India - Art. 14:

       (3) Lok Parisar (Bedakhali) Sanshodan Adhiniyam, 1978 - Ss.4 & 5 - amendments made by the section - are unconstitutional and void.

       The classification of public premises and a separate procedural law for eviction of persons in occupation of such premises can be sustained only when the law bears a just and reasonable relation to the object of the Legislature. If the law bears no reasonable nexus with the object in view, the classification would be invalid.

       It is true that the persons in occupation of public premises can be classified separately and no body is entitled to contend that the detailed procedure applicable to trial of suits against persons in occupation of private premises should be applied by the law which treats them separately, but he is certainly entitled to contend that the law treating him separately must provide a fair procedure consistent with natural justice and his eviction should not be merely left on the sweet will of the executive Officer designated as competent authority. If the law relating to eviction of occupants from public premises does not provide a fair procedure it would be discriminatory and invalid for that reason. [Para 5

       Sections 4 and 5 introduced in the M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 by section 4 of the M.P. Act No.9 of 1978 and the amendments made in section 9 of the 1974 Act by section 5 of the Amending Act are unconstitutional and void, being in conflict with Article 14 of the Constitution. [Para 6

       

G. P. SINGH, C. J.

( 1 ) BY this petition under Article 226 of the Constitution, the petitioner seeks quashing of an order dated 22nd September, 1979 passed by the Competent authority under Section 4 of the M. P. Lok Parisar (Bedakhali) Adhiniyam, 1974 as amended by the M. P. Lok Parisar (Bedakbali) Sanshodhan Adhiniyam, 1978 (No. 9 of 1978 ). The main contention of the learned counsel for the petitioners is that the amendments introduced by the Amending Act No. 9 of 1978 are unconstitutional as they contravene Article 14 of the Constitution.

( 2 ) THE M. P. Lok Parisar (Bedakhali) Adhiniyam, 1974 is an Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. Sections 4 and 5 of the Adhiniyam before the amendment by Act No. 9 of 1978 provided for issue of notice to the occupants to show cause against proposed order of eviction and for eviction after giving opportunity to the occupants of being heard and of producing evidence before the competent authority. The notice issued under Section 4 specified the grounds on which the order of eviction was proposed to be made and required all persons concerned to show cause against the proposed order on or before the date specified in the notice. The order of eviction could be passed under section 5 as it originally stood only after considering the cause shown by the persons concerned and the evidence, if any, produced by them in support of the same and after giving them a reasonable opportunity of being heard. Section 5 further required the competent authority to state the reasons for its conclusions that the grounds for eviction were made out. There was a further safeguard in the shape of an appeal to the District Judge or a judicial officer under Section 9 as it stood before the amendment. Section 9 then did not provide for any restriction as to the power of appellate authority to interfere with the order of the competent authority. The District Judge or any other judicial officer hearing the appeal had full jurisdiction to decide any question of fact or law arising in the appeal and to give relief to the appellant if the order of the competent authority was wrong in fact or in law. The procedure before the competent authority which was consistent with the principles of natural justice and the effective right of appeal conferred by Section 9 ensured fairness and provided safeguards for preventing any arbitrary action on the part of the competent authority.

( 3 ) BY Section 4 of the amending Act, Sections 4 and 5 of the Parent Act were substituted by the following as Sections 4 and 5 :

"4. Competent authority to pass order of eviction.- (1) On an information received from an allotment officer to the effect that any person is in occupation of public premises without authority for such occupation or is in occupation of the same after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever, the competent authority may pass an order of eviction in writing against the unauthorised occupant or any other person who may be in occupation of the whole or any part of the premises on behalf of or through the allottee or otherwise requiring him to vacate the public premises within thirty days of the date of the service of the order. (2) the competent authority shall serve or cause to be served the order passed under Sub-section (1) on the allottee or any person in occupation of the public premises either through him or otherwise by post or tendering or delivering personally to such person or one of his family members or servants at the public premises or by affixing it to a conspicuous part of the public premises or publishing the order in at least one newspaper having circulation in thelocality and service of the order by any one of the modes aforesaid shall be deemed to be a good service on the allottee and all the pe













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