CSIR Premises Are 'Public Premises' Under Public Premises (Eviction Of Unauthorised Occupants) Act : Supreme Court

A bench comprising Justices Hemant Gupta and V. Ramasubramanian refused to entertain an appeal challenging the order passed by the Bombay High Court, which chose not to interfere with an eviction order passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for a premises belonging to CSIR.

Factual Background

On 16.06.1994 the husband of the appellant was given license to use premises ad-measuring 110 sq. ft. by CSIR. At present the appellant is running a Paan shop in the said premises. On 08.02.2018 an order of eviction was passed by the Estate Officer, CSIR under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ("Act"). An appeal was filed by the appellant before the District Judge, which was dismissed on 02.08.2021. The eviction order was challenged by a Writ Petition filed before the Bombay High Court, but was not interfered with.

Contention raised by the appellant

Advocate-on-Record, Mr. Pai Amit appearing on behalf of the appellant argued that the concerned premises cannot be said to be public premises within the meaning of the Section 2(e) of the Act as the CSIR does not fall under the meaning of 'public premises' as defined in the Act.

Contention raised by the respondent (CSIR -National Chemical Laboratory)

It was contended in the written statement filed by the respondents before the District Judge that National Chemical Laboratory was a constituent laboratory of CSIR. It was submitted that though CSIR is an autonomous body, it is controlled by the Department of Science and Industrial Research, Ministry of Science and Technology, Government of India ("concerned Department"). The respondent asserted that the Honourable Prime Minister is the ex-officio President and the Minister-in-charge of the concerned Department is the ex-officio Vice President of CSIR.

Decision of the Supreme Court

Upon hearing the appellants and perusing the said written statement filed by the respondent, the Court was of the view that even if CSIR is a society registered under the Societies Registration Act, 1860, it is a body controlled by the Central Government within the meaning of Section 2(e)(2)(ii) of the Act. Section 2(e)(2)(ii) of the Act reads as under:

"2.....

(e) "public premises" means—

(1) ............

(2) any premises belonging to, or taken on lease

by, or on behalf of,

(i) ...........

(ii) any corporation (not being a company as defined in section 3 of the 3 [the Companies Act, 2013 (18 of 2013)], or a local authority) established by or under a Central Act and owned or controlled by the Central Government.........."

Considering the plea of the appellant to grant some time for vacating the physical possession of the premises, the Court accorded time till 31st March, 2022 subject to filling of an undertaking in that regard within two weeks. The appellant was further directed to pay arrears of rent including for the month of March 2022 within two weeks.

Case Name: Sharada Dayadhish Shetty v. The Director, CSIR-NCL And Anr.

Citation: 2022 LiveLaw (SC) 49

Case No. and Date: Civil Appeal No. 223 of 2022 | 7 Jan 2022

Corum: Justices Hemant Gupta and V. Ramasubramanian

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