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Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Vires of 1997 Act – Challenge to, by the tenant on the ground that they are entitled to protection against eviction under East Punjab Rent Act which cannot be taken away under the Religious Premises Act – Held: Vires of the Religious Premises Act, a special enactment concerning landlord and tenant relationships, cannot be challenged on the ground that there are already two other enactments governing general landlord and tenant relationships-Transfer of Property Act and East Punjab Rent Act – Constitution confers the power and authority on the State to enact two separate enactments on a similar subject if they seek to achieve different objectives and protect and preserve different sets of rights and make necessary classification to serve such varied ends – Religious Premises Act, unlike the East Punjab Rent Act and the Public Premises Act, concerns itself with the administration of premises belonging to religious institutions and seeks to regulate their rights as landlords vis-a-vis the tenants in occupation – Furthermore, the State legislature while enacting the Religious Premises Act was aware that it has enacted East Punjab Rent Act, an existing statute governing landlord and tenant relationship – However, the State legislature in its wisdom deemed it appropriate to enact a law in respect of land and buildings belonging to “religious institutions” – East Punjab Urban Rent Restrictions Act, 1949.Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Eviction proceedings against the tenants by the Gurudwara Prabandhak Committee under the East Punjab Rent Act – Subsequently, enactment of Religious Premises Act and ejectment proceedings against the tenant under the Religious Premises Act – Plea of tenant that Religious Premises Act creates an artificial classification as tenants of land and buildings belonging to or owned by religious institutions are no longer entitled to protection under the East Punjab Rent Act though such protection continues to be available to other tenants – Held: Charitable or religious institutions or endownments fall into a separate category and form a class by themselves – Tenants coming under them also form a separate class and can be treated differently from others – Classification of properties of religious institutions as a separate and distinctive class of properties would not fall foul or be violative of Art. 14 – Granting exemption to buildings belonging to charities, religious or secular institutions, from rent control legislation, would not offend the equal protection clause of Art. 14 as it is a reasonable classification based on intelligible differentia and also satisfies the test of nexus as such institutions not only serve public purpose but disbursement of their income is governed by the objects for which they are created – Thus, the withdrawal of protection to the tenants of such buildings was justified – Constitution of India – Art. 14 – East Punjab Urban Rent Restrictions Act, 1949.Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – s. 3 – “Unauthorised occupation of religious premises” – Meaning of – Held: A person is deemed to be in unauthorised occupation of any religious premises if he has, before or after commencement of the Religious Premises Act, entered into possession of a land or building belonging to a religious institution otherwise than under or pursuant to any allotment, lease or grant – A person who enters into possession of the land or building belonging to or owned by a religious institution and has valid and subsisting allotment, lease or grant is clearly not an unauthorised occupant – Valid grants, leases and allotments are not construed and treated as unauthorised occupation – It is only when the terms of the grant, lease or allotment are not adhered to or have been determined or the period of allotment, lease or grant as fixed has come to an end, that the person in occupation is treated to be in unauthorised occupation – This is a pre-condition which confers the right on the religious institution to seek eviction of a person in unauthorised occupation of the religious premises – Determinative factor in deciding the question of “unauthorised occupation” is the tenure of allotment, lease or the grant and terms and conditions as agreed or stated, and not payment of rent. Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – ss. 4, 5 – Eviction under – Held: Under Section 4, a religious institution can make an application before the Collector if it is of the opinion that any person is in unauthorised occupation of any religious premises, situated within the Collector’s jurisdiction Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Collector is authorised and is competent to pass an order of eviction when he is satisfied that the religious premises are in unauthorised occupation Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Order passed by the Collector is appealable before the Commissioner Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Tenant, if still aggrieved, can invoke the writ jurisdiction of the High Court – Thus, power of judicial review is always available and can be exercised by the High Court when required and necessary – Judicial review. |
