- (1.) ON a difference of opinion between Mr. Justice Wali Ullah and Mr. Justice Agarwala a question of law was referred to a third Judge. The learned Judge to whom the question was referred in view of the decision of a Full Bench of this Court in the case of -- 'ram Kishan v. State', AIR 1951 All 181 (A), thought it necessary that the question should be decided by a Full bench of five Judges, as in his opinion the decision in -- 'state v. Ram Kishan', (A), needed reconsideration.
(2.) THE question referred for consideration is as follows: "whether Section 1 (5) U. P. (Temporary) Accommodation Requisition Act, 25 of 1947, in so far as it authorises the Provincial Government to direct the extension of the life of the Act beyond one year from 1-10-1947, is 'ultra vires' the U. P. Legislature?"
(3.) THE U. P. (Temporary) Accommodation Requisition Act, 25 of 1947 (hereinafter called the act) was passed, as its preamble shows, because of shortage of accommodation, which had become very acute due to the large influx of refugees as a result of the partition of the country. The District Magistrate was empowered to requisition accommodation for the settlement of the refugees. How long it would take for the situation to come back to normal was not known. It was, however, anticipated that things might settle down in a year's time but the possibility of the provisions of the Act being needed even after the expiry of one year was also foreseen. The legislature, therefore, provided in Sub-section (5) of Section 1 that: "it (that is, the Act) shall cease to have effect on the expiration of one year from October, 1 1947, or if the Provincial Government so directs by notification in the Official Gazette, on the expiration of two years beginning with that date except as respects things done or omitted to be done before the expiration thereof, and Section 6 of the United Provinces General Clauses Act, 1904, shall apply upon the expiration thereof as if it had been repealed by an United Provinces act. " The Act was, therefore, passed for a period or one year certain and it was left to the State government, if in their opinion the exigencies of the situation so required it, to issue a notification, and then the Act was to continue to remain in force for a further period of one year.;