Case: HARBHAJAN SINGH  Vs. STATE OF PUNJAB

2. The appellants before us are tenants in occupation of shops located in Gurudwara Singh Sabha, a gurudwara at Kukar Majra, G.T. Road, Mandi Gobindgarh, District Fatehgarh Sahib, Punjab. The appellants claim that they were inducted as tenants during the period 1965-69 by Gurudwara Singh Sabha. However, no formal lease or agreements were executed and albeit, over a period of time, rents were progressively increased. The appellants further claim that they are small businessmen carrying on trade primarily connected with steel industry, while one of the appellants runs a dhaba. By the letter dated 2 nd March 1978, the appellants were informed that the affairs of the gurudwara had come under the control of Shiromani Gurdwara Parbandhak Committee (SGPC for short) and they should, therefore, pay the rent to SGPC. It is alleged that the appellants have been paying rent to SGPC or the manager of the gurudwara but receipts have not been regularly issued3. In the year 1997, SGPC had filed an eviction petition against one of the appellants, Harbhajan Singh, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Rent Act, for short) on two grounds, viz., (i) failure to pay rent, and (ii) SGPC needed the property for construction of shops. Harbhajan Singh had, thereafter, deposited arrears of rent on the first date of hearing. The eviction proceedings, however, had remained pending and were not decided4. On 29 th January 1998, the Religious Premises Act was enforced, and thereby introduced a summary procedure for evicting unauthorised occupants from the premises/property belonging to the religious institutions. Thereafter, SGPC had filed ejectment petitions under the Religious Premises Act before the Collector for eviction of the appellants stating that the appellants were in unauthorised occupation. The appellants, on receipt of notices from the Collector under Section 4 of the Religious Premises Act, had filed the writ petitions challenging the vires of the enactment before the High Court, which by the impugned judgment have been dismissed. The primary challenge before the High Court was to the explanation to clause (a) to Section 3 of the Religious Premises Act on the ground that the provision creates an unintelligible classification to the disadvantage of the tenants who are otherwise entitled to equal protection as other tenants under the East Punjab Rent Act5. The pleas raised by the appellants were rejected by the Division Bench of the High Court after referring to the object and purpose behind the impugned enactment, that is, to preserve the property of religious institutions, by observing that public at large has an inherent interest in the religious institutions which were prone to maladministration and mismanagement. Referring to the definition of unauthorised occupants, it was observed that a person who is in occupation of the premises belonging to a religious institution on a valid allotment, lease or grant is not to be treated as an unauthorised occupant for the period of allotment, lease or grant. The explanation states that mere payment of rent by the tenant who is in unauthorised occupation shall not raise any presumption that such person had entered into possession as an allottee, lessee or under a grant. Referring to the detailed and comprehensive procedure for eviction under Sections 4 and 5 of the Religious Premises Act, it was held that the Collector has to be satisfied that the opposite party was in unauthorised occupation and only thereupon an eviction order can be passed after following the due procedure. A person aggrieved against the order passed by the Collector can file an appeal before the Commissioner under Section 8 of the Act. Referring to the factual matrix, the High Court has observed that all contentions on merits should be raised before the authorities under the Religious Premises Act, in accordance with law.

Reasoning: 11. The issue of whether the properties of the religious institutions for the purpose of rent control legislations can be treated as a separate category is no longer res integra as this aspect was examined in several decisions where this Court has held that separate classification of properties of religious institutions for rent legislations will pass a challenge under Article 14 of the Constitution19. What has been said about the Public Premises Act would be equally applicable to the legislations made by the State legislature of the State of Punjab in respect of the two enactments under consideration, that is, the East Punjab Rent Act and the Religious Premises Act. No doubt, in this decision it has been observed that the underlying reason for exclusion of property belonging to the government from the ambit of the Rent Control Act is that the government while dealing with the citizens in respect of property belonging to it would not act as a private landlord but would act in public interest, albeit this reasoning would equally apply to religious institutions as defined. The religious institutions as held are meant to carry out public purpose and the legislature can proceed accordingly that the religious institutions would act in public interest for which they were established. See above S. Kandaswamy Chettiar (supra) and Christ the King Cathedral (supra)20. As noticed above, 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. Further, an order passed by the Collector is appealable before the Commissioner and if still aggrieved, a tenant can invoke the writ jurisdiction of the High Court, as mentioned above. Therefore, power of judicial review is always available and can be exercised by the High Court when required and necessary.