UTTAR PRADESH PUBLIC PREMISES EVICTION OF UNAUTHORISED OCCUPANTS ACT 1972
(1) This Act may be called the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(2) It extends to the whole of Uttar Pradesh.1
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1. Vide U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 Section 1.
2. Definition1.--
In this Act unless the context otherwise requires:
(a) "corporate authority" means any company, local authority, corporation or society referred to in Clause (e) of this section.2
(aa) "Law relating to land tenure" means the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1958, the Jaunsar-Bawar Zamindari Abolition and Land Reforms act, 1956, the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, the Uttar Pradesh Consolidation of Holdings Act, 1953 or the U. P. Imposition of Ceiling on Land Holdings Act, 1960, as amended from time to time.3
(b) "Premises" means any land (including any forest land or trees standing thereon, or covered by water, or a road maintained by the State Government or land appurte
The Uttar Pradesh Public Premises Eviction of Unauthorised Occupants Act, 1972, is a legislative measure aimed at addressing the issue of unauthorised occupation of public premises in the state of Uttar Pradesh. Section 2 of the Act provides critical definitions that lay the groundwork for understanding the scope and application of the law.
Section 2 of the Act defines key terms such as "public premises" and "unauthorised occupation." It establishes the framework for identifying what constitutes unauthorised occupation and the types of premises that fall under the purview of the Act.
The scope of Section 2 is broad, encompassing various types of public premises and defining unauthorised occupation in a manner that includes both initial unlawful occupation and continued occupation after the expiration of lawful authority.
While Section 2 itself does not prescribe punishment, subsequent sections of the Act outline penalties for individuals who continue to occupy public premises without authority after eviction.
Definition of Public Premises - "Public premises" includes any premises owned or leased by the State Government, local authorities, or corporations controlled by the State. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Unauthorised Occupation - "Unauthorised occupation" includes any occupation without authority, even if rent has been paid. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Continuance After Expiry - Occupation after the expiry of the lease or authority is considered unauthorised, emphasizing the need for timely eviction. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Broad Applicability - The Act applies to a wide range of premises, including nazul land and properties acquired under the Land Acquisition Act. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Jurisdictional Bar - No civil court has jurisdiction to entertain suits regarding eviction from public premises, reinforcing the Act's special procedural framework. - [Sukha VS Union Of India]
Special Procedure - The Act provides a special procedure for eviction, which is faster and more efficient than regular civil proceedings. -
Authority of Estate Officers - Estate officers are empowered to evict unauthorised occupants summarily, which expedites the eviction process. -
Penalty for Re-occupation - Individuals evicted under the Act who re-occupy the premises without authority may face summary eviction and penalties. -
Public Interest - The Act aims to protect public interest by ensuring that public premises are not misused or occupied unlawfully. -
Legal Recourse - The Act allows for appeals against eviction orders, providing a legal recourse for affected individuals. -
Impact on Local Authorities - Local authorities are included in the definition of public premises, highlighting their role in managing public resources. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Legislative Intent - The legislative intent behind the Act is to prevent encroachments on public land and ensure its proper use for public purposes. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Continuity of Occupation - The definition of unauthorised occupation includes not just initial unlawful entry but also the continuation of occupation beyond lawful authority. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Public Nuisance - The Act addresses issues of public nuisance caused by unauthorised constructions on public land, as seen in relevant case law. - [Sukha VS Union Of India]
Role of the State - The Act underscores the State's responsibility to reclaim public premises from unauthorised occupants for the benefit of the community. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Judicial Interpretation - Courts have interpreted the provisions of the Act to reinforce the urgency and necessity of evicting unauthorised occupants. -
Administrative Efficiency - The Act aims to streamline the eviction process, reducing delays associated with traditional legal proceedings. -
Protection of Government Interests - The Act serves to protect the interests of the government in managing public properties effectively. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Legal Framework - The definitions provided in Section 2 create a clear legal framework for addressing issues of unauthorised occupation. - [G. S. J. SHAPOORJEE VS ALLAHABAD DEVELOPMENT AUTHORITY]
Enforcement Challenges - Despite the clear provisions, enforcement of the Act can face challenges, particularly in terms of resistance from unauthorised occupants. -
The State Government may, by notification in the official Gazette--
(a) appoint such persons, being gazette officers of the State Government or officers of equivalent rank or the corporate authority, as it thinks fit, to be prescribed authorities for the purposes of this Act, and
(b) defined the local limits, which or the categories of public premises in respect of which, the prescribed authorities shall exercise the powers conferred, and perform the duties imposed, on prescribed authorities by or under this Act.1
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1. Section 3 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(1) If the prescribed authority either of its own motion or on an application or report received on behalf of the State Government or the corporate authority, is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the prescribed authority shall issue in the manner hereinafter provided a notice in writing authority shall issue in the manner hereinafter provided a notice in calling upon all persons concerned to show cause why an order of eviction should not be made.
(2) The notice shall:
(a) specify the grounds on which the order of eviction is proposed to made; and
(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, to show cause, if any, aga
(1) If, after considering the cause, if any shown by any person in pursuance of a notice under Section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the prescribed authority is satisfied that the public premises are in unauthorised occupation, the prescribed authority may make an order of eviction for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.
(2) If any person refuses or fails to comply with the order of eviction within thirty days of the date for its publication under sub-section (1), the prescribed authority or any other officer duly auth
(1) Where any persons have been evicted from any public premises under Section 5, the prescribed authority may, after giving not less than fourteen days' notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises, including any material of a demolished building or ungathered crop or fruits of trees.
(2) Where any property is sold under sub-section (1), the sale proceeds thereof, shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or the corporate authority on account of arrears of rent or damages or costs, be paid to person or persons as may appear to the prescribed authority to be entitled to the same:
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(1) Where any person is in arrears of rent for four months payable to respect of any public premises, the prescribed authority may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order, and on the failure of such person to pay the same or any instalment thereof he shall be deemed, to be in unauthorised occupation of the public premises.
(2) Where any person is, or has at any time been, in authorised occupation of any public premises, the prescribed authority may, having regard to such principles of assessment of damages as may be prescribed assess the amount of damages on account of the use and occupation of such premises and may by order, require that person to pay the amount within such time and in such instalment as may be specified in the order.
(3) No order under sub
The prescribed authority and the appellate officer shall, for the purpose of holding any inquiry or hearing any appeal under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed.1
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1. Section 8 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(1) An appeal shall lie from every order of the prescribed authority made in respect of any public premises under Section 5 or Section 7 to an appellate officer who shall be the District Judge of the district in which the public premises are situate or such other judicial officer not below the rank of Civil Judge as the District Judge may designate in this behalf.
(2) An appeal under sub-section (1) shall be preferred:
(a) in the case of an appeal from an order under Section 5, within fifteen days from the date of publication of the order under subsection (1) of that section; and
(b) in the case of an appeal from an order under Section 7, within fifteen days from the date on which the order is communicated to the appellant:
Provided that the appella
Save as otherwise expressly provided in this Act, every order made by a prescribed authority or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.1
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1. Section 10 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(1) If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(2) Any magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and such person shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.1
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1. Section 11 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
If the prescribed authority has reason to believe that any persons are in unauthorised occupation of any public premises, the prescribed authority or any other officer authorised by it in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.1
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1. Ganesh Trading Company v. State. AIR 1985 Cal 37.
(1) Where any person against whom any proceeding for the determination of arrears of rent for the assessment of damages is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or as the case may be, continued against the heirs or legal representatives of that person.
(2) Any amount due to the State Government or the corporate authority from any person whether by way of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs or legal representatives but their liability shall be limited to the extent of the assets of the deceased that come into their hands and have not been duly disposed of.1
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1. Section 13 of U. P. Public Premises (Eviction of Unauthorised Occupants)
If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the State Government or the corporate authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs, within the time, if any, specified therefor in the order relating thereto, the prescribed authority may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an arrear of land revenue.1
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1. Section 14 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
No Court shall have jurisdiction to entertain any suit or proceedings in respect of the eviction of any person, who is in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the State Government or the corporate authority under sub-section (5) of Section 9 or any portion of such rent, damages or costs.1
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1. Section 15 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
No suits, prosecution or other legal proceeding shall He against the State Government of the corporate authority or the appellate officer or the prescribed authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.1
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1. Section 16 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act. 1972.
(1) The State Government or the corporate authority, as the case may be, shall be a party to every proceeding under the provisions of this Act.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), the State Government or the corporate authority, as the case may be, shall have a right to produce evidence and cross-examine witnesses and to prefer an appeal under Section 9 against an order of the prescribed authority refusing to make an order of eviction under Section 5 or to make an order under Section 7 requiring a person to pay rent or damages.1
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1. Section 17 of U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972.
(1) The State Government may by notification in the official gazette make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;
(b) the holding of inquiries under this Act;
(c) the distribution and allocation of work to prescribed authorities and the transfer of any proceeding pending before a prescribed authority to another prescribed authority;
(d) the procedure to be followed in taking possession of public premises;
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(1) The following enactments are hereby repealed, namely:
(a) the Uttar Pradesh Government Premises (Rent Recovery and Eviction) Act, 1952;
(b) the Uttar Pradesh Public Land (Eviction and Recovery of Rent and Damages) Act, 1959;
(c) Sections 9, 19, 21, 23, 24, 24-A, 24-B, 24-C, 24-D. 24-E, 24-F, 25 and 27 of the Uttar Pradesh Industrial Housing Act, 1955;
(d) Sections 69, 70, 71-A and 72 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965.
(e) Sub-section (2) of Section 372 of the 1[Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959];
(f) Sections 33, 34 and 35 of the Uttar Pradesh Public Land and Premises Laws (Amendment and Validation) Act, 1970.
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(1) Notwithstanding any judgment, decree or order of any Court or authority anything done or action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under any of the enactments referred to in sub-section (1) of Section 19 (hereafter in that section referred to as the repealed enactments) shall be deemed to be as valid and effective as if the provisions of Section 15 of this Act with necessary modifications had been enacted initially as a part of the repealed enactment, and accordingly:
(a) no suit or other legal proceeding shall be maintained or continued in any Court for the refund of any rent or damages or costs recovered under any repealed enactment where such refund has been claimed merely on the ground that the said repea
(1) The Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Ordinance, 1972 (U. P. Ordinance No. 2 of 1972) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on March 2, 1972.1
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1. Section 21 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act. 1972.
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