Court : Punjab and Haryana
Reported in : (1994)104PLR514
..... for a specific period of five years expired on 31st may, 1985, the deceased-smt. chander kanta, stood, declared as unauthorised occupant of the premises under section 5(1) of toe public premises, (eviction of unauthorised occupants) act, i971 thus, nothing remained which could be inherited by applicant vijay kumar, nor does the right to sue survives. c. ..... she was asked to hand over possession of the land on 4th october, 1985, but when she refused to do so, proceedings under the public premises (eviction of unauthorised occupants) act, 1971, were initiated against her. thereafter, the estate officer, jalandhar, by his order dated 29th october, 1985, ordered the ..... eviction of the petitioner from the premises in dispute. the appeal filed by her against that order was dismissed on 1st june, 1987, and the present writ petition was filed by her .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006(109)FLR981]; (2006)142PLR242
..... to vacate the accommodation by due date will render the officers liable to payment of damages and action will also be taken for vacation of the accommodation under the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as 'the act'). it was further observed that the accounts of the officers may not be settled without ..... the petitioners in view of section 11 of the pension act (23 of 1871). learned counsel further submits that admittedly, no proceedings have been initiated under the public premises act. it was incumbent on the respondents to issue a show-cause notice to the petitioners under section 4 and 5 of the act. only after the petitioners ..... the quarter, penal rent as per the policy of the commission would be recovered from him. but the respondent did not vacate the quarter. it was only after eviction proceedings were initiated that he vacated the quarter on may 16, 1991. in the circumstances, in our opinion, it cannot be said that the action of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1990)98PLR289
..... other tenant could be taken, the latter in collusion with om parkash petitioner, inducted nohria ram, against whom proceedings under the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as the public premises act), are in progress thus, it was maintained the nohria ram is occupying the other half portion of the site in ..... -6-1986 of the estate officer, chandigarh, when by eviction of nohria ram was ordered from the portion of the godown in dispute, under section 5 of the public premises act as well as order of dismissal of his appeal under section 9 of the public premises act, by the learned district judge (exercising the powers ..... per month they also maintained that the rent was being paid to the owner regularly. it was further maintained that proceedings under section 5 of the public premises act could not be initiated against the tenants of the building in dispute without issuing notice to the original owner regarding demolition of the building from .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR423
..... 87 dated 29.8.1995. since the petitioners failed to voluntarily hand over the vacant possession of the land, proceedings were initiated against them under section 4 of the public premises (eviction of unauthorised occupants) act, 1971 by issuing a show cause notice dated 15.2.2000 under sub section (1) and clause (b)(ii) of sub section (2 ..... for future renewal of the lease was turned down by the competent authority on 29.8.1995. the petitioners have clearly been in an unauthorised occupation of the public premises.4. we are in the considered opinion that the order passed by the estate officer does not suffer from any error apparent on the face of record. ..... the second part of the definition is inclusive in nature and it expressly covers continuance in occupation by any person of the public premises after the authority under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. in our view, the case of the petitioners squarely falls within .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR521
..... allowed. the order dated 17.1.1996 passed by the revisional authority as well as the order/judgment passed under section 4, 5 and 9 of the public premises (eviction of unauthorised occupants) act, 1971 are declared illegal and are quashed. this shall be subject to the following conditions: -(i) if the petitioners bhagat singh ..... of natural justice and non-application of mind.12. the petitioners have also challenged the orders passed by the respondents under sections 4 and 5 of the public premises (eviction of unauthorised occupations) act, 1971 (hereinafter referred to as 'the act of 1971') on the ground that the competent authority had no jurisdiction to initiate ..... fully cognizant of the existence of the tenants. without hearing them no order could possibly be passed affecting 'their right to remain in occupation of the premises.19. we also find merit in the argument of the learned counsel for the petitioners that the revisional order is vitiated due to consideration of extraneous grounds .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H304
..... that the central government, in view 'of the judgment of their lordships of the supreme court above referred to, amended the act by means of an ordinance called the public premises (eviction of unauthorised occupants), amendment ordinance 5 of 1968, which was promulgated on the 17th june, 1968. this ordinance inserted a new section 10-e after section 10-d ..... order1. the additional district judge, gurdaspur, acting as an appellate officer under section 9 of the public premises (eviction of unauthorised occupants) act, 1958, (hereinafter called the act) has made this reference under section 113 of the code of civil procedure for the determination of the ..... which reads as under:-'bar of jurisdiction - no civil court shall have jurisdiction to entertain any suit or proceeding 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 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H98
..... petition under art. 226 of the constitution filed by hart kishan dass and smt. shila devi challenging notices issued under sections 4(1) and 5(1) of the public premises (eviction of unauthorised occupants) act (central act no. 32 of 1958). 2. the first of these notices was issued on the 26th of november, 1959, by the military ..... unconstitutional by the courts, and in fact the statement of objects and reasons shows that the act was intended to provide for 'the eviction of persons who are in unauthorised occupation of public premises keeping in view at the same time the necessity of complying with the provisions of the constitution,' and in my opinion the most ..... fact it is pointed out in the written statement filed by the military estate officer that when a similar notice was served under the corresponding section of the government premises (eviction) act of 1950, (central act no. 27 of 1950) in the year 1955, an appeal against the order of the competent authority was filed under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H290
..... decisions in jagu singh v. m. shaukat ah, 58 cal wn 1066, and brigade commander, meerut sub-area v. ganga prasad, (s) air 1956 all 507.27. the public premises (eviction of unauthorised occupants) act (central act 32 of 1958) was challenged in hari kishan v. union of india, (i960) 62 pun lr 871: (air 1961 punj 98). this ..... 1959, and the petitioners'should on or before the eleventh day of january, i960, in my office show cause, if any, as to why an order of eviction from the public premises in question be not made against you'.accord ing to the contention of the learned advocate-general, the words 'not earlier than ten days from the date of ..... under section 12, the rule making power is conferred upon the state government. the government of punjab in the exercise of the above powers has made the punjab public premises and land (eviction and rent recovery) rules 1959, vide notification no. 10651-jn-(iv)-59/10629 dated 24th november. 1959. it is not necessary to give any detailed reference to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H238
..... -5-1975 respondent no. 3, estate officer. union territory, chandigarh, served upon the lessee a notice under section 4 of the public premises (eviction of unauthorised occupants) act, 1971, hereinafter referred to as the central act, requiring him to vacate the premises. the lessee has impugned the aforesaid notice and the action of the chandigarh administration in the present writ petition, primarily, on four ..... ., 1-11-1966, continued to apply to the union territory of chandigarh and, therefore, it is the punjab public premises and land (eviction and rent recovery) act, 1959, hereinafter referred to as the punjab act, that was to govern the eviction of persons from the premises belonging to the union territory of chandigarh. 2. the relevant provisions in the punjab act at this stage deserve .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H407
..... passed. every safeguard has, therefore, been made in favour of the unauthorised occupant for the assessment of damages against him. under the central act, rules have been framed called the 'public premises (eviction of unauthorised occupants) rules, 1958, and rule 7 provides for the assessment of damages, as under.-'7. assessment of damages.--in assessing damages for unauthorised use and occupation of any ..... , air 1967 sc 1581. 3. chandigarh became union territory with effect from november 1, 1966 and fresh proceedings for the ejectment of the petitioner from the premises were started under sections 4 and 5 of the public premises (eviction of unauthorised occupants) act, 1958, (hereinafter called the central act) by the estate officer, union territory, chandigarh, by issuing a show-cause notice to the .....
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