HARI CHAND AGGARWAL Vs. BATALA ENGINEERING COMPANY LIMITED

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THIS is an appeal by special leave from the judgment of the Punjab High court in which the sole question involved is whether the Additional District Magistrate, Gurdaspur who had been invested with all the powers of the District Magistrate under s. 10(2) of the Code of Criminal Procedure could make an order under s. 29(1) of the Defence of India Act, 1962, hereinafter called the `Act`, requisitioning a shop belonging to Batala Engineering Co. Ltd. which was in occupation of the appellant as. a tenant.

(3.) IT is necessary first to notice certain provisions of the Act. Section 29 empowers the central government or the State government to requisition any immoveable property in the circumstances mentioned in the section by an order in writing. Section 40 which provides for the power to delegate may be set out in entirety: `S. 40( 1 ) The central government may, by order, direct that any power or duty which by this Act or by any rule made under this Act is conferred or imposed upon the central government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also-(a) by any officer or authority subordinate to the central government, or (b) whether or not the power or duty relates to a matter with respect to which a State Legislature has power to make laws, by any State government or by any officer or authority subordinate to such government, or (c) by any other authority. (2) The State government may, by order, direct that any power or duty which by this Act or by any rule made under this Act is conferred or. imposed on the State government or which, being by this Act or any such rule conferred or imposed on the central government, has been directed under subsection (1) to be exercised or discharged by the State government, shall, in such circumstances and under such conditions, if any as may be specified in the direction, be exercised or discharged by any officer or authority not being (except in the case of a Union territory) an officer or authority subordinate to the central government.`