Rulia Ram vs State of Punjab

D.S. Tewatia, J. (Oral)

The petitioners, who are said to be in unauthorised occupation of package deal property governed by the Punjab Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to the Package Deal Properties Act), were issued notices, Annexures P.2 to P.6 under the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Eviction Act) and the proceedings, so initiated, resulted in passing of the impugned eviction orders, Annexures P. 10 to P.14. In this petition, they have impugned the issuance of these notices as also the aforesaid orders on the ground that the action under the Eviction Act has been expressly barred by the provisions of subsection (2) of section 16 of the Package Deal Properties Act.

The aforesaid ground has been reiterated by the counsel for the petitioners.

There is merit in the contention advanced on behalf of the petitioner. Section 16(2) of the Package Deal Properties Act is in the following terms :

"(2) Nothing in the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973, shall apply to the Package Deal Property."

Perusal of the aforesaid provision clearly shows that the provisions of the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act of 1973 are not applicable to the package deal property and hence no action under this statute is competent regarding package deal property.

In view of the above, the proceedings under the Eviction Act were void ab initio and, therefore, the impugned notices and the orders in question, are quashed and the writ petition is allowed to the extent indicated. No costs.