HUKAM CHAND SHYAM LAL Vs. UNION OF INDIA
LAWS(SC)-1975-12-5
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on December 17,1975

HUKAM CHAND SHYAM LAL Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Sarkaria J. - (1.) This judgment will govern the disposal of these two appeals which arise out of a common judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants and others under Art. 226 of the Constitution.
(2.) On November 27, 1972, the Administrator of Delhi, made an order under Section 5 of the Indian Telegraph Act, 1885 (for short, the Act) authorising the Superintendent of Police, North District of take temporary possession "until further orders" of certain specified telephones installed in rooms and cabins of the building known as Coronation Hotel, Fatehpuri, Delhi. The order reads as under. "Whereas the Administrator of Delhi is satisfied that illegal forward trading (satta) in agricultural commodities is being practised on a large scale through the following telephones installed in the rooms/cabins in the premises of the Coronation Hotel, Fatehpuri, Delhi, thereby affecting adversely the price of the supply essential to the life of the community. Whereas public emergency exists and the Administrator, Delhi is satisfied that the continuation of satta at the aforesaid premises through the telephones given above is prejudicial to public interest and as such it is necessary to take temporary possession of all the aforesaid telephones from the premises in question."
(3.) Another order in similar terms was made on December 4, 1972 by the Administrator for taking over certain other telephones.;


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