AMRIKSINGH SAHNY Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution challenging the validity of a requisition order dated March 9, 1959, made in exercise of the powers conferred on the State Government under Clause (a) of Sub -section (4) of Section 6 of the Bombay Land Requisition Act, 1948.

(2.) THE relevant facts are as follows: - The petitioner is the owner of a building called Sahny Villa situate at 2nd Naoroji Gamadia Road, Bombay. The petitioner had let out the ground floor flat on the western side of that building and a garage to one S. Sadananda who died in 1953. The flat continued in possession of his son P. Sadananda as a tenant thereof. The petitioner's case is that in October 1955 P. Sadananda had surrendered possession of the flat and the garage to the petitioner. That fact, however, has been categorically denied in the affidavit in reply made by N. V. Kulkarni, the Accommodation Officer. By a requisition order dated February 5, 1958, the flat in question was requisitioned but the garage was not requisitioned. By an enforcement order dated February 24, 1958, directions were given for taking possession of the flat and by a further enforcement -order dated April 3, 1958, directions were given for taking possession of the garage. The petitioner made an application under Article 226 of the Constitution being Mis. No. 173 of 1958 in this Court challenging the requisition order dated February 5, 1958. That petition was dismissed on the ground of delay. But the State of Bombay agreed not to take possession of the garage as there was no requisition order made in respect of the garage.

(3.) BY the impugned requisition order dated March 9, 1959, the respondent stated that on enquiry it had found that the premises specified in the order had become vacant on November 14, 1957, and declared that the premises had become vacant after December 4, 1947, and made an order requisitioning the preraises for a public purpose, namely, 'for the use of a public servant,' The premises requisitioned were the garage attached to the flat on the western side ground floor of the building already mentioned above.