CHAMU NEMAPPA GOTADKI Vs. N H NESARIKAR

JUDGEMENT

(1.) The question referred to us is "whether S.2(1) of the Mvsore Rent Control Act, 1961 (Mysore Act No.XXII of 1961) in so far as it applies to Parts I and VII of the said Act to the Belgaum Cantonment area and sub-sections (2) and (3) of S 2 of the said Act. which bring into force at once Parts II, III and Parts IV and V of the said Act in Belgaum Cantonment area, and S.2(5) which authorises the State Government to extend the provisions of Parts IT to VI to any other area in the State of Mvsore from such date as may be specified in the notification, in so far as it affected the Belguam Cantonment area, is beyond the legislative competence of the Mysore State Legislature, for the reason that the subject matter covered by the said Mysore Act is within the exclusive competence of the Union Parliament by virtue of Art.246 read with Entity 3 in List I of the Seventh Schedule of the Constitution of India so far as Belgaum Cantonment area is concerned?"

(2.) This is a reference made under S 113 of the C.P.C. by the Second Additional Munsiff, Belgaum. The question arose in the following circumstances: One Chamu Nemappa Gotadki, the applicant before the Second Additional Munsiff, claiming to be the landlord of a premises described in his petition filed under S.21(1) (a) and (h) of the Mvsore Rent Control Act, 1961 against the opponents therein, who, according to him, were monthly tenants, sought for eviction on the ground that the opponents had not paid rents and the premises was required reasonably and bonafide for his personal use and occupation. The opponents therein contended that the premises was in the Cantonment area of Belgaum and therefore the Mysore LePislature had no competence to make a law in respect of regulation of house accommodation (including the control of rents) in Cantonment area inasmuch as that the subject matter falls under Entry 3 in List I of the Seventh Schedule of the Constitution of India. In view of this objection, the learned Munsiff has referred the question as stated earlier for being answered by this Court.

(3.) There appears to be no doubt that in respect of delimitation of Cantonment areas, local-self Government in such areas, the constitution and powers within such areas of Cantonment authorities and the regulation of house accommodation (including control of rent in such areas), the Parliament alone is competent to make law as this subject falls within Entry 3 of List I of the Seventh Schedule to the Constitution of India. The Entry vests in Parliament the exclusive power to regulate house accommodation in Cantonment areas without any qualifying words, irrespective of the fact that the tenants are either military officials or civilians. In Indu Bhushan Bose v. Rama Sundari Debi, (1969)2 SCC 289, the Supreme Court has held: