VASANLAL MAGANBHAI SANJANWALA THE PRATAP SPINNING WEAVING MANUFACTURING CO LIMITED Vs. STATE OF BOMBAY NOW MAHARASHTRA :STATE OF BOMBAY NOW MAHARASHTRA

JUDGEMENT

(1.) The appellants in these two appeals had filed two separate petitions under Art. 226 of the Constitution in the Bombay High Court in which they had challenged the vires of S. 6(2) of the Bombay Tenancy and Agricultural Lands Act, 1948 (LXVII of 1948) (hereafter called the Act) and the validity of the notification issued by the Government of October 17, 1952, under the provisions of the said S. 6(2). It appears that on June 23, 1949, in exercise of the powers conferred by S. 6(2) of the Act the Government had issued a notification fixing

(2.) At the outset it may be relevant to state that, subsequent to t he decision under appeal, in 1956 the Act has been substantially amended and now S. 3 of the new Act provides for the rent and its maximum and minimum. Shortly stated this section incorporates the provisions of the impugned notification and adds to it the further provision that in no case shall the rent be less than twice the assessment. In consequence the point raised in the present appeals has ceased to be of any importance; at best it may affect just a few cases between landlords and tenants that may be pending in respect of the rent payable by the latter to the former for a period prior to 1956. At the time when the certificate was granted the questions raised by the appellants were undoubtedly of general importance.

(3.) We would first read S. 6 of the Act. Section 6(1) provides that notwithstanding any agreement, usage, decree or order of a court or any law the maximum rent payable by a tenant for the lease of any land shall not in the case of an irrigated land exceed one-fourth and in the case of any other land exceed one-third of the crop of such land or its value as determined in the prescribed manner. Section 6(2) provides that the Provincial Government may by notification in the official gazette fix a lower rate of the maximum rent payable by the tenants of lands situate in any particular area or may fix such rate on any other suitable basis as it thinks fit. For the appellants Mr. Limaye has contended that S. 6(2) suffers from the vice of excessive delegation. His argument is that the power delegated to the Provincial Government is unfettered and uncanalised and no guidance has been afforded to it for exercising the said power. He has also relied on the fact that while giving such wide powers to the delegate in fixing the lower rate of the maximum rent the Legislature has not prescribed any minimum as it should have done. The High Court has held that the delegation involved in S. 6(2) is within permissible limits and as such the challenge to the vires of the said provision cannot succeed.