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Section 4 – The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

Section 4. Issue of notice to show cause against order of eviction

(1) if the Collector is of opinion that any persons are in unauthorized occupation of any public premises situate within his jurisdiction and that they should be evicted, the Collector shall issue, in the manner hereinafter provided, a noticee in writing 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 be 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, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(3) The Collector shall cause the notice to be affixed on the outer door or some other conspicuous part, of the public premises, or of the estate in which the public premises are situate, and in such other manner as may be prescribed where upon the notice shall be deemed to have been duty given to all persons concerned.

(4)Where the Collector knows or has reasons to believe that any persons are in occupation of the public premises, then without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.

COMMENTARY

The jurisdiction of the Collector to issue a notice under this Section accrues only if the person to whom notice to be issued is in unauthorized possession of public premises. Where it is established that such possession was not unauthorized the notice of issued becomes without jurisdiction. Raj Kumar Divender Singh V State of Punjab. AIR 1973 SC 66= 1972 Rent CR 780.

This section deals with the issuance of notice only and does not contemplate the passing of any orders. After the issue of notice the orders are to be passed under the next section when the cause shown by the unauthorized occupier, if any has been taken into consideration under Section 9 Mukhtir Sing V Harbans Singh 1981 Rev. L R 498. the premises owned by or leased by or on behalf of Punjab University are public premises in view of clause (e) of Section 2. Where a notice was served by the Registers of the University on the occupier of its premises, the lease whereof had expired and had not been renewed, did not give any reasons, it was held that in the circumstances no reasons were required to be started. It was enough if the notice mentioned that the lease had expired and that he was in unauthorized occupation and should deliver vacant possession by the specified date. Vinod Sood V Punjab University. 1983 Rev. L.R. 193.

Where proceedings for the recovery of damages were intiated by the Collector under Section 7 and during the pendency of these proceedings but before passing final orders, the Collector issued a notice under this Section for the eviction of the occupant. It was held that there is noting illegal in this course and thereforethe eviction order could not be set aside on this ground. MC Bhatinda V SDO (Civiil). 1983 PLJ 352.

Where the writ petitioner was served with a notice at least once to appear in the Court of the Estate Officer, on a certain date, whereon he absented himself and thereafter he was 2 or 3 more opportunities to present his case, But he did not show himself, it cannot be said that the petitioner was not given an opportunity of a hearing by the Estate Officer. Tara Singh V Addl D.J. Ferozepur. A.I.R 1984 P& H 175 = 1985 Rev. L.R. 17. (1984) I Land L.R. 27.

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The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

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