Surendra Narain Dwivedi, J. - (1.) The appellant is the owner of the bungalow No. 301, Urmila Shastri Road, Meerut Cantonment. On December 12, 1950 the DM, Meerut requisitioned a portion of the accommodation u/S. 3 UP (Temp.) Accommodation Requisition Act, 1947 (hereinafter called the Act). The accommodation was professedly wanted for a public purpose, namely, "for the residence of the Munsif". At the time of requisition the appellant was, it appears, residing out of Meerut. He is now in Meerut. He has occupied the rest of the bungalow. He says that now he needs the requisitioned part of the bungalow. On July 3, 1966 he applied to the Administrative Commandant of the Cantonment for release of the requisitioned portion. The Commandant made an order releasing the portion. Thereafter he filed the present petition. It was dismissed by a learned Single Judge in limine. He took the view that as the appellant had not approached the DM u/S. 8 of the Act for release of the requisitioned portion he would not exercise discretion for interference. As counsel for the appellant has raised before us two constitutional points, it is not possible for us to relegate the appellant to his remedy u/S. 8. It is necessary to decide those points in this petition. They cannot be determined by the DM.
(2.) S. 1(3) of the Act provides that it shall apply to such areas as the State Govt. may notify in the Gazette from time to time. By a notification dated December 16, 1947 the State Govt. has applied the Act to the District of Meerut. So the entire city of Meerut including the cantonment part of it is governed by the Act.
(3.) The first argument of counsel for the appellant is that the Act could not be extended to the cantonment portion of the city of Meerut as the UP Legislature assembly had no power to make a law with respect to the requisitioning of buildings.;