MULRAJ TULSIDAS MORARJI Vs. UNION OF INDIA

JUDGEMENT

(1.) VALIDITY of show cause notice dated 4th September, 1986 (Ex. L) issued under proviso to section 7 (1) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (the Act of 1952) is questioned in this petition.

(2.) THE point arises against the following undisputed legal and factual backdrop. Multistoried building known as Sudama House situated in Ballard Estate, Bombay, was requisitioned by the Government of India under Rule 76 of the Defence of India Rules, 1939 vide order dated 26th June, 1942 during Second World War on the stated ground of the requirement by the Department of supply for use in connection with the prosecution of the war.

(3.) A petition under Article 226 of the Constitution being Misc. Petition No. 289 of 1962, challenging the requisition as well as its continuation on several grounds was filed in the Court. Government of India, Ministry of Law, vide communication dated 18th March, 1963 informed that due to shortage of accommodation it was not possible at that time to release the property, new Government building which was under construction was expected to be completed by September/october, 1963 when the accommodation will be shifted to that building and then it may be possible to release the whole or part of Sudama House. When the said petition came up for hearing on 27th March, 1963 an application was made for withdrawal of the petition in view of the above letter. The petition was allowed to be withdrawn with liberty to file fresh petition, if so advised.