- (1.)THIS is a petition for a writ of mandamus or prohibition directing the State of Bombay, who are respondent No. 1 and the Director of Rehabilitation, who is respondent 2, from enforcing an order dated 11-6-1952, made under Section 7, Bombay Refugees Act, 1948, against the petitioner. The order requires that the petitioner shall leave the Chembur colony with all his belongings within a period of 3 days from the date of the service of the order and shall not re-enter the said colony.
(2.)THE order is challenged on various grounds, but there is one ground which goes to the very root of the matter, viz. , that Section 7 of the Act under which the order was made was 'ultra vires' the Bombay Legislature. Since, in my opinion, this contention appears to be well-founded, it is not necessary to consider the rest of the grounds on which the petition is based.
(3.)NOW, the Bombay Refugees Act, 1948, being Act 22 of 1948, was published on 29-3-1948. It is contended on behalf of the petitioner that at toe said date the local Legislature did not have power to legislate regarding refugees, their movements and rehabilitation.