UNION OF INDIA Vs. SHREE RAM KANWAR
HIGH COURT OF PUNJAB AND HARYANA
UNION OF INDIA
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Mehar Singh, J. -
(1.) This is an appeal from the order, dated October 19, 1954, of a learned Single Judge of this Court accepting a petition, under Article 226 of the Constitution of the respondents who were the petitioners, against the Union of India and the Estate Officer appellants. The facts are as given below.
(2.) The respondents are the owners of flat No. 5 Aggarwal Buildings, Connaught Circus, New Delhi. It was requisitioned by the Central Government under Sub-rule (11 of Rule 75-A of the Defence of India Rules on April 14, 1943.
(3.) The purposes for which power was given to the Central or the Provincial Government to requisition property are stated in Sub-rule (1) of Rule 75-A of the Defence of India Rules which runs thus-
"Rule 75-A (1) If in the opinion of the Central Government or the Provincial Government, it is necessary or expedient so to do for securing the defence of British India, public safety, the maintenance of public order or the efficient' prosecution of the war, or for maintaining supplies and services essential to the life of the community, that Government may by order in writing requisition any property, moveable or immovable and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning." There is a proviso to the Sub-rule but that is not material for the present purpose. In the Government of India Order of April 14, 1943, requisitioning the flat in question, no purpose for requisitioning it is stated.;
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