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State of Uttar Pradesh - Section

Section 20 in Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972

20. Validation.

(1)Notwithstanding any judgment, decree or order of any court or authority anything done or action taken (Including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated or purposed to have been done or taken under any or the enactment referred to In Sub-section (I) of Section 19 (hereinafter In this section referred to as the repealed enactments) shall be deemed to be as valid and effective as if the provisions of Section 15 of this Act with necessary modifications has been enacted Initially as a part of the repealed enactment and accordingly: -
(a)no suit or other legal proceeding shall he maintained or continued in any Court for the refund of any rent or damages or costs recovered under any repealed enactment where such refund has been claimed merely on the ground that the said repealed enactment has been declared to be unconstitutional and void;
(b)no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under any repealed enactment merely on the ground that the said repealed enactment has been declared to be unconstitutional and void;
(c)the taking of any proceeding or other action under this Act for the eviction for any unauthorised occupant from any public premises or for the recovery of rent or damages for the occupation of such premises or for recovery of costs of such proceedings, shall not be barred merely on the ground that like proceeding or other action under the repealed enactment has been declared to be unconstitutional and void and has on that ground been prohibited by any decree or order or any court.
(2)Notwithstanding any judgment, decree or order of any Court or authority, and notwithstanding anything contained in Section 15 or Section 19, any suit or other proceeding for any of the reliefs mentioned in Section 15 instituted in any Court or initiated or purported to be initiated by any authority under a repealed enactment before the, commencement of this Act, and pending at the commencement of the Uttar Pradesh Public Land and Premises Laws (Amendment and Validation) Act, 1970 (hereafter in this section referred to as the 1970, Act), either in the Court of first instance or in any Court of appeal or, revision or before such authority, shall stand transferred to the Prescribed Authority and the Prescribed Authority shall thereupon dispose of the same as proceeding under the relevant provision of this Act and in any proceeding -
(a)the Prescribed Authority may proceed further from the stage from which the suit or proceeding is transferred, and may for that purpose treat any summons or notice issued, written statement or reply filed or evidence adduced in such suit or proceeding before the transfer, as notice issued by itself, or, as the case be, cause shown or evidence adduced before itself, under the relevant provision of this Act;
(b)any objection referred to the District Judge under Section 10 of the Uttar Pradesh Government Premises (Rent, Recovery and Eviction) Act, 1952 or before the Civil Judge under Section 7 of the Uttar Pradesh Public Land (Eviction and Recovery of Rent and Damages) Act, 1959, before those sections were repealed by the 1970 Act shall be decided by the Prescribed Authority itself and any reference, suit or appeal under the said sections shall abate :
Provided that where any such reference, suit or appeal has been decided before the coming into force of this Act the Prescribed Authority shall act according to such decision, which subject to the provisions of Section 9, shall be deemed to be final.