RAGHUNATH GOPAL MANJIRE Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) SPECIAL leave in this appeal from the judgment of the Bombay High Court was granted restricted only to the question as to whether the enhancement of rent could be made with retrospective effect. We are, therefore, concerned to decide the said question only.

(2.) IN the year 1946 the Government of INdia drew up a Scheme for construction of houses for industrial workers and to let them out to them at a subsidised rent. The then State of Bombay (now Maharashtra) passed Bombay Housing Board Act, 1948 - hereinafter to be referred to as the Act, to provide for measures to be taken to deal with and satisfy the need of housing accommodation. IN accordance with Sec. 3, the Maharashtra Housing Board, a Statutory corporate body was constituted. Chapter III of the Act provided for the making of the housing schemes by the Board in accordance with the provisions of the Act and subject to the control of the State Government. Elaborate machinery was provided for the framing and the implementing of the schemes. Section 66 empowered the State Government to make rules for carrying out the purposes of the Act. Subject to the overall control and power of the State Government as provided for in sub-sec. (2) of Sec. 67, sub-section (1) thereof states :

(3.) A notice dated the 10th of October, 1972 was given to appellant No. 2 by the Board stating therein :