Standard rent remedies remain available for public premises where eviction law does not cover rent fixation or essential services.

The Maharashtra Rent Control Act, 1999 was treated as operating in a different field from the Public Premises (Eviction of Unauthorised Occupants) Act, 1971: the central Act governs eviction of unauthorised occupants and recovery of rent or damages, while the State Act governs standard rent, permitted increases, and restoration of essential supplies and services. Applying pith and substance, the Court found no repugnancy because fixation of standard rent is not covered by the Public Premises Act. An application by a tenant of public premises for standard rent under the Maharashtra Rent Control Act was therefore maintainable, since the jurisdictional bar under the Public Premises Act did not extend to that remedy.

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Issues: (i) Whether the provisions of the Maharashtra Rent Control Act, 1999 relating to fixation of standard rent and restoration of essential supplies and services are repugnant to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in their application to public premises owned by a statutory corporation; (ii) Whether an application by a tenant of public premises for fixation of standard rent is maintainable under the Maharashtra Rent Control Act, 1999 notwithstanding the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

Issue (i): Whether the provisions of the Maharashtra Rent Control Act, 1999 relating to fixation of standard rent and restoration of essential supplies and services are repugnant to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 in their application to public premises owned by a statutory corporation.

Analysis: The two enactments operate in different fields. The Public Premises Act is a special law for eviction of unauthorised occupants and recovery of arrears of rent or damages, whereas the Maharashtra Rent Control Act specifically regulates standard rent, permitted increases, and the landlord's duty not to withhold essential supplies or services. Applying the doctrine of pith and substance, the Court held that the subject of fixation of standard rent is not covered by the Public Premises Act. The later State Act, having received Presidential assent, is not repugnant to the Central Act on these matters.

Conclusion: The provisions of the Maharashtra Rent Control Act, 1999 on standard rent and essential services are not repugnant to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

Issue (ii): Whether an application by a tenant of public premises for fixation of standard rent is maintainable under the Maharashtra Rent Control Act, 1999 notwithstanding the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

Analysis: The jurisdictional bar under the Public Premises Act extends only to matters expressly covered by that Act, namely eviction of unauthorised occupants and recovery of arrears of rent or damages. It does not provide any mechanism for fixation of standard rent or restoration of essential services. Since the Maharashtra Rent Control Act expressly confers those remedies and public premises are not exempted from its operation for those purposes, the tenant's application remains maintainable. The Court also noted that public authorities are expected to act reasonably in matters of rent and tenancy.

Conclusion: The standard rent application is maintainable under the Maharashtra Rent Control Act, 1999.

Final Conclusion: The tenant of public premises is entitled to invoke the Maharashtra Rent Control Act, 1999 for standard rent and restoration of essential services, while the Public Premises Act continues to govern eviction and recovery of rent or damages.

Ratio Decidendi: Where two statutes governing landlord-tenant relations operate in different fields, the special regime for eviction of unauthorised occupants does not exclude a separate statutory remedy for fixation of standard rent and restoration of essential services unless there is a direct and irreconcilable conflict.

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