Satish Kapoor And Anr vs Km. Ishwari Assudani And Ors on 15 February, 2012
11. Upon hearing learned counsel for the parties and on perusal of the
impugned order, material on record and the decisions cited, I am of the
considered view that the contentions raised before this Court have been
dealt with in its proper perspective by the Appellate Authority. As regards
the decision in Inder Kumar (Supra,) is concerned, I find that this decision
does not take note of the decision of the Apex Court in Jain Ink (Supra),
W.P.(C) No.3756/2011 Page 4
and therefore, the decision in Inder Kumar (Supra), is per incurium. In
fact, upon plain reading of the definition of 'public premises' in The Public
Premises (Eviction of Unauthorised Occupants) Act, 1971, it becomes clear
that any premises taken on lease on behalf of the Government or the
Municipal Corporation etc. would come within the meaning of 'public
premises'. In this regard, sub-clause (1) and (3) of Clause- (e) of Section 2
of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
are required to be noted, which reads as under:-