UP Public Premises (Eviction of Unauthorized Occupants) Act
KISHORE CHUGH
(Querist) 02 January 2017
This query is : Resolved
Can Authority give notices under sec. 4 and sec. 7 simultaneously
R.K Nanda
(Expert) 03 January 2017
query too short.
Rajendra K Goyal
(Expert) 03 January 2017
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance, clarify your doubts.
Ms.Usha Kapoor
(Expert) 04 January 2017
query is too short to give a legal opinion. come out with full facts.
KISHORE CHUGH
(Querist) 07 January 2017
There was a property on lease for 90 years. Original Registered Lease dated 29.05.1924 was effective from 01.04.1924. Lease was renewable on every thirty years and last term of lease expired on 31.03.2013.
There was another clause in our Original Lease Deed as below:
After 90 years the Lease will be renewable to the heirs or transferies or assignees or their heirs, transferies, or assignees on similar conditions and subject to similar enhancement of rent as those in the lease subject to maximum rent of Rs.100/- per annum provided that It will be open to the Board at any time after the said period of Ninety years to resume possession of any or all of the said plots on payment of adequate compensation to the lessees for the actual value of buildings at date of resumption if the Board decides that such resumption be desirable for Public Interest."
During subsistance of lease, on 06.02.2013 we had applied for renewal of lease or conversion of leasehold rights into freehold followed by multiple request and reminders to the Authorities and are willing to requisite sum required for renewal of lease or conversion of leasehold rights into freehold.
Authorities didn't reply to our presentation dated 06.02.2013 till date, rather in March 2015, they gave a Notice to vacate the premises and pay heavy user's charges. We gave the reply to that Notice denying and resisting the move of Authorities. Further we received two Notices under Section 4(1) & Section 7(3) simultaneously under UP Public Premises (eviction of Unauthorised Occupants) Act 1972.
Can Authorities give Notices Under Section 4(1) & Section 7(3) simultaneously ?
Do we come under PP Act and be treated as Unauthorised Occupant ?
KISHORE CHUGH
(Querist) 07 January 2017
One more fact to be disclosed here that originally the land was given on lease by the lessor and building was constructed by lessee with the permission of lessor as per lease deed agreement
Guest
(Expert) 07 January 2017
Dear Kishore Chugh,
So far as your query is concerned, i.e., "Can Authority give notices under sec. 4 and sec. 7 simultaneously," the reply in brief is that authorities can give Notices Under Section 4(1) & Section 7(3) simultaneously.
Section 4 relates to issue of notice to show cause against order of eviction, whereas section 7 pertains to payment of rent or damages, as the property became public premises after the expiry of lease period of 90 years, i.e., 31.03.2013, due to non-renewal of lease.
The issue of conversion of property to lease hold is quite a separate issue.
In fact, your case is a marginal case, as you applied for freehold just when the property lease was due to expire finally. I feel, you made a mistake for not applying for extension of lease after 90 years at first before making a decision to apply for conversion of property as a freehold property. The authorities seemed to have taken advantage of the case being at margin.
So, better consult some competent expert on property laws by showing your documents for further line of action.
Rajendra K Goyal
(Expert) 08 January 2017
May proceed as advised by the expert P. S. DHINGRA.
KISHORE CHUGH
(Querist) 13 January 2017
Many many thanks for your response.
Dear experts,
I have read about the of PP Act.
"The PP Act, 1971 is made retrospective with effect from 16 September, 1958 (i.e. the date on which the PP Act, 1958 was brought into the force) except Sections 11, 19 and 20 which came into force on 23 August 1971."
Our original lease deed was executed on 29.5.1924. Even then do we come under this Act ?
Guest
(Expert) 13 January 2017
Dear Kishore Chugh,
For law point of view, occupation for the prescribed period and eviction are two different events happening at 90 years apart from each other.
For occupation, terms of lease cannot be ignored.
For eviction, relevant Section of the PP Act can be enforced for the event any time after promulgation of the Act after issue of due notice, if lease is not extended or not intended to be extended.
KISHORE CHUGH
(Querist) 17 January 2017
Thanks a lot P.S. Dhingra Ji.
KISHORE CHUGH
(Querist) 18 January 2017
Thanks a lot P.S. Dhingra Ji.
