AHMEDABAD MUNICIPAL CORPORATION Vs. RAMANLAL GOVINDRAM

JUDGEMENT

(1.) These 23 appeals by certificate challenge the validity of Section 437A of the Bombay Provincial Municipal Corporation (Gujarat Amendment). Act, 1963 hereinafter referred to as the Act.

(2.) The High Court held that Sections 437A, 437-D, 437F of the Act in so far as they relate to an order made under Section 437-A of the Act are ultra vires Art. 19 (1) (f) of the Constitution and Section 437-A (1) and (2) is ultra vires Article 14. Section 437-A (1) of the Act speaks of the order of eviction. Section 437A (2) of the Act speaks of service of notice before the order is passed. Section 437D of the Act speaks of appeals. Section 437E of the Act bars jurisdiction of the Court to question these orders. Section 437F of the Act states that these provisions. are in addition to Sections 60 and 438 of the Act.

(3.) Section 437-A (1) of the Act in short states that if the Commissioner is satisfied (a) that the person authorised to occupy any premises belonging to the Corporation as a tenant or otherwise has, whether before or after the commencement of the Bombay Provincial Municipal Corporation (Gujarat Amendment) Act, 1963 (i) not paid any rent lawfully due from him in respect of such premises for a period of more than two months, or (ii) sub-let, without the permission of the Corporation the whole or any part of such premises, or (iii) otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises, or (b) that any person is in unauthorised occupation of any Municipal premises, the Commissioner may, notwithstanding anything contained in any law for the time being in force by notice served as mentioned in the Section order that such a person shall vacate them within one month of the date of the service of the notice.