SHITAL PARSHAD JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the aforesaid four writ petitions have sought a declaration that the Governor General's Order No. 179 of 1836 is not law or law in force or existing law. There are other prayers as well but the learned counsel for the petitioners has confined his arguments in respect of the aforesaid prayer only, although, inter alia, the petitioners have also sought a declaration that notice of resumption issued under the aforesaid order to the petitioners for resumption of the grant is illegal and null and void and that the notices may be quashed. The two writ petitions relate to the bungalows situated in Jullundur cantonment, and the two bungalows are situated in the Agra Cantonment in the other two writ petitions. According to the respondents, the land comprised in these bungalows are held by the petitioners and their predecessors in interest under the "Old Grant" tenure or term. So, they are liable to be resumed under the Governor General's Order in Council.

(2.) That question so far as this Court is concerned stands concluded by a Division Bench of this Court in Shri Raj Singh v. The Union of India, AIR 1973 Del 169. However, Shri P. N. Lekhi, learned counsel for the petitioners submitted that the question of the aforesaid Governor General's Order having statutory force has not been considered by the Division Bench in its correct perspective. We shall be considering the submissions advanced by Shri Lekhi. However, we may first deal with the historical evolution of the power" of the legislation, which came to be vested in the Governor General-in-Council.

(3.) The Regulating Act of 1773 for the first time conferred on the Governor General in Council power to make and issue rules, ordinances and regulations by S. XXXVI.