Case: Smt. Saiyada Mossarrat Vs. Hindustan Steel Ltd: Bhillai Steel Plant,Bhillai (M.P.) &amp; O

occupants from properties belonging to the union of India and incidental and ancillary matters. It does not pertain to any matter relating to rights in relation to landlord and tenants for eviction of tenants from lands which have been leased. The Public Premises Act is concerned with the eviction of those persons who have no authority in law to remain in possession of the land belonging to the Union of the India. The unauthorised persons may be squatters, persons having no right whatsoever, or persons who were in occupation by virtue of any agreement but whose right under the agreement had come to an end. Thus, there is no substance in the contention that the Parliament had no legislative competence to enact the Public Premises Act. 12. The learned counsel for the petitioner had however urged an argument in the context of the definition of Public Premises as embodied in Section 2(e)(1)(i) of the Act. The definition envelops premises belonging to or taken on lease by or on behalf of any Company as defined in Section 3 of the Companies Act of 1956 in which not less than 51 per cent of the paid-up capital is held by the Central Government. This contention was raised before the Madhya Pradesh High Court in L. S. Nair case (AIR 1980 MP 106 : 1980 MPLJ 429 : (1980) Ren LR 553) and has been repulsed by the High Court on the reasoning unfolded in the passage extracted from paragraph 4 of the judgment. The first contention raised by the learned counsel for the petitioner is that the Act insofar as it includes in the definition of public premises "any premises belonging to or taken on lease by or on behalf of any company as defined in Section 3 of the Companies Act, 1956, in which not less than 51 per cent of the paid-up share capital is held by the Central Government, " is ultra vires and void, as to that extent the Act is beyond the legislative competence of Parliament. The argument of the learned counsel is that the Act was enacted under entry 32, List I of the Seventh Schedule to the Constitution, which relates to "property of the Union and the revenue therefrom", and that this entry cannot be construed to include the property of a government company which is a different and distinct legal entity from the Union. It may be conceded that the expression "property of the Union", as used in entry 32, List I, cannot be construed to include the property of a government company. But if entry 32 gives jurisdiction to Parliament to enact the Act in respect of government premises, as contended by the learned counsel for the petitioner, entry 43 which relates to incorporation, regulation and winding up of trading jurisdictions read with entry 95 which relates to jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in List I, can be construed to confer power on Parliament to enact the Act in respect of premises belonging to a government company. It seems, however, more appropriate that insofar as the Act deals with a lessee or licensee of premises belonging to a government company, the subject matter of the Act would be covered by entries 6, 7 and 46 of List III. These entries broadly deal with transfer of property, contracts and jurisdiction and powers of courts with respect to an of the matter in List III. Taking either view, in our opinion, it is not correct to say that the Act insofar as it relates to premises belonging to a government company suffers from want of legislative competenceLearned counsel for the Petitioner has not been able to show that there is any infirmity in the reasoning of the High Court. Besides, a legislation pertaining to a government company including one pertaining to eviction of trespassers, or unlawful occupants of properties belonging to government companies speedily can be enacted by the Parliament. Government companies are governed by the Indian Companies Act which had itself been enacted in exercise of the legislative authority conferred by entry 43 of the Union List (List I) of the Seventh Schedule of the Constitution. It is idle to contend and it has accordingly not been contended, that a State can legislate under the authority to legislate conferred by the State List (List II) in regard to properties of a government company which may have properties in more than one State and even in Union territories. The need to speedily evict trespassers or unauthorised occupants of such properties is self-evident. The States cannot legislate for such properties in respect of properties situated in more than one State or government companies situated in different States all over India. Surely, the Parliament, in obeisance to its obligation to protect and safeguard the national and overall public interest, can legislate in this respect under the residuary all-pervasive entry - entry 97 of the Union List (List I) of the Constitution of India which clothes the Parliament with the requisite legislative authority in regard to "any other matter not enumerated in List II or List III including any tax not mentioned in either of these lists". It has not been shown that any of the entries in List II or List III would be attracted to the subject matter of speedy eviction of unauthorised occupants from properties belonging to a government company wherein Central Government has more than 51 per cent of the paid-up share capital. The source of authority can thus in any case be traced to entry 97 read with entry 95 of the Constitution of India. 13. In any view of the matter therefore it is futile to contend that Parliament had no legislative competence in this behalf. We therefore concur with the conclusion reached by the High Court in L. S. Nair case (AIR 1980 MP 106 : 1980 MPLJ 429 : (1980) Ren LR 553) and repel the challenge unhesitatingly.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The first contention raised by the learned counsel for the petitioner is that the Act insofar as it includes in the definition of public premises "any premises belonging to or taken on lease by or on behalf of any company as defined in Section 3 of the Companies Act, 1956, in which not less than 51 per cent of thep share capital is held by the Central Government, " is ultra vires and void, as to that extent the Act is beyond the legislative competence of Parliament. The argument of the learned counsel is that the Act was enacted under entry 32, List I of the Seventh Schedule to the Constitution, which relates to "property of the Union and the revenue therefrom", and that this entry cannot be construed to include the property of a government company which is a different and distinct legal entity from the Union. It may be conceded that the expression "property of the Union", as used in entry 32, List I, cannot be construed to include the property of a government company. But if entry 32 gives jurisdiction to Parliament to enact the Act in respect of government premises, as contended by the learned counsel for the petitioner, entry 43 which relates to incorporation, regulation and winding up of trading jurisdictions read with entry 95 which relates to jurisdiction and powers of all courts except the Supreme Court, with respect to any of the matters in List I, can be construed to confer power on Parliament to enact the Act in respect of premises belonging to a government company. It seems, however, more appropriate that insofar as the Act deals with a lessee or licensee of premises belonging to a government company, the subject matter of the Act would be covered by entries 6, 7 and 46 of List III. These entries broadly deal with transfer of property, contracts and jurisdiction and powers of courts with respect to an of the matter in List III. Taking either view, in our opinion, it is not correct to say that the Act insofar as it relates to premises belonging to a government company suffers from want of legislative competenceLearned counsel for the Petitioner has not been able to show that there is any infirmity in the reasoning of the High Court. Besides, a legislation pertaining to a government company including one pertaining to eviction of trespassers, or unlawful occupants of properties belonging to government companies speedily can be enacted by the Parliament. Government companies are governed by the Indian Companies Act which had itself been enacted in exercise of the legislative authority conferred by entry 43 of the Union List (List I) of the Seventh Schedule of the Constitution. It is idle to contend and it has accordingly not been contended, that a State can legislate under the authority to legislate conferred by the State List (List II) in regard to properties of a government company which may have properties in more than one State and even in Union territories. The need to speedily evict trespassers or unauthorised occupants of such properties is. The States cannot legislate for such properties in respect of properties situated in more than one State or government companies situated in different States all over India. Surely, the Parliament, in obeisance to its obligation to protect and safeguard the national and overall public interest, can legislate in this respect under the residuarye entryentry 97 of the Union List (List I) of the Constitution of India which clothes the Parliament with the requisite legislative authority in regard to "any other matter not enumerated in List II or List III including any tax not mentioned in either of these lists". It has not been shown that any of the entries in List II or List III would be attracted to the subject matter of speedy eviction of unauthorised occupants from properties belonging to a government company wherein Central Government has more than 51 per cent of thep share capital. The source of authority can thus in any case be traced to entry 97 read with entry 95 of the Constitution of India13. In any view of the matter therefore it is futile to contend that Parliament had no legislative competence in this behalf. We therefore concur with the conclusion reached by the High Court in L. S. Nair case (AIR 1980 MP 106 : 1980 MPLJ 429 : (1980) Ren LR 553) and repel the challenge unhesitatingly