This article is written by ASHIK ST,student at AL AZHAR LAW COLLEGE during his internship.
KEYWORDS– Article 226,Indian Constitution,occupation
INTRODUCTION
The union government provides residential accommodation to its employees, officers, members of Parliament and other high dignitaries. Residential accommodation is allotted to them while they are in service or till the term of their office. Similarly temporary occupation of Guest, Holiday Homes, Tourist accommodation, etc., is to be vacated at the expiry of the term of allotment. To provide for speedy machinery for the eviction of unauthorized occupants of public premises the public premises eviction of unauthorized occupants act 1958 was enacted.
Use of public premises (eviction of unauthorized occupants act, 1971 for the guidelines to prevent arbitrary use of powers to Evict Genuine Tenants from public premises. Following sections to be followed: –
- Appointment of estate officers
- Eviction of unauthorized occupants
- Powers to remove unauthorized construction
- Powers to seal unauthorized constructions
- Appeals
- Offences and penalty
- Liability
Appointment of estate officers shall be the statutory authority in respect to the public premises controlled by that authority. Within the local limits which estate officers in respect of the public premises controlled by the authority. When section 3 of the act authorizes the appointment of an officer of a statutory body concerned as estate officer. Eviction from temporary occupation provision in section 4 and 5 the estate officer after making such inquiry as he deems expedient in the circumstances of the case.
Eviction of unauthorized occupants, if a person in pursuance of a notice under section 4 evidence produced by him in support, for reasons to be recorded therein directing that the order by all persons who may be in occupation or any part cause of copy of the order to be affixed on the door. Power to remove unauthorized construction: –
- No person raises any building or any movable or immovable structure or fixture
- Display or spread any goods
- Bring or keep any cattle or other animal
Building or other immovable structure or fixture has been erected placed or raised on any public premises in contravention of the act. Order of demolition of unauthorized construction. Order of demolition of unauthorized construction of any building o execution of any work has been commenced or is being carried on has been completed on any public premises by any person in occupation of such public premises under an authority. Power to seal unauthorized constructions shall be lawful for the estate officer at any time before or after making an order of demolition under section 5B, the estate officer may after giving 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. Disposal of property left on public premises by unauthorized occupants when any persons have been evicted from any public premises under section 5,the estate officer may after giving animals 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.
Powers of estate officers
An estate officer shall having same powers which vested in a civil court under the Code of Civil Procedure, 1980
- Summoning and enforcing
- Discovery and production of documents
Appeals
Appeal shall lie from every order of the estate officer made in respect of any public premises.
In the case of an appeal from an order twelve days from the date of publication. Powers to obtain information that any person are in unauthorized occupation of any public premises, and every person so required shall be bound to furnish the information in his possession. Liability of heirs and legal representatives any person against any proceeding for the determination of areas of rent or for the assessment of damages. Recovery of rent etc. if refuses or fails to pay the arrears of rent payable under sub-section the damages payable under sub-section. For relisation of the amounts due an order under section 14 is the condition precedent. In the absence of such an order for recovery the collector cannot proceed to recover the amount as arrears of land revenue, S.V Motwani vs Collector of Delhi, AIR 1974 Del 56.
Jurisdiction
No court shall have jurisdiction to entertain any suit or proceeding in respect. The eviction of any person who is in authorized occupation of any public premises. The removal of any building structure or fixture or goods cattle or other animal from any public premises under section 5A, then demolition of any building or structure made or ordered to be made under section 5B. And sealing of any erecting or work or of any public premises under section 5C. Protection of action taken in good faith no case , prosecution or other legal proceeding shall lie against the Central Government or the appellate officer or the estate officering respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules or order.
Article 226 empowers the high courts to issue to any person or authority including the government directions orders or writs including writs in nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.
Habeas Corpus- meaning of the writ of habeas Corpus writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are show for their detention
Mandamus- Issued as a command to an inferior court or ordering a person to perform a public or statutory duty.
Prohibition- Issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to rules of natural justice.
Quo warranto- It restrains the person or authority to act in an office writ issued to enquire into the legality
Certiorari – Writ issued by Supreme Court or any High Court for quashing the order already passed by an inferior court.
