VIJAYA IRAPPA KATTIMNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition the Petitioner, who is a tenant of shap premises in a shopping complex belonging to the Respondent No 2 public trust, has challenged the legality and validity of the exemption granted to the properties of the respondent No. 2 from all the provisions of the bombay Rents, Hotel and Lodging House Rates Control act, 1947 (for Short the "act") in exercise of powers conferred upon the State Government under section 4 (2) (ii) and (iii) of the Act.

(2.) SECTION 4 of the Act runs thus: "4. Exemptions - (1 ). . (2) The State Government may direct that all or any of the provisions of the Act (shall not subject to such conditions and terms, as it may specify, apply generally,) (i) to premises used for a public purpose of a charitable nature or to any clause of premises used for such purpose; (ii) to promise held by a charitable trust for a religious or charitable purpose and (let or given on licence, at a nominal or concessional rent or licence fee or charge); or (iii) to premises held by a public trust for a religious or charitable purpose and administered by a local authority". The Respondent No. 2 is a public charitable trust registered under the Bombay Public Trust Act, 1960 and is administered by the Solapur Municipal corporation. The Respondent No. 2 has constructed a shopping complex in which present Petitioner was inducted as a tenant. By Notification No BRA-2080/cr. 729 (8)XII dated 10th August 1982 the State government in exercise of power under section 4 (2) (ii)and (iii) exempted all the properties owned by the Respondent No. 2 from the provisions of the Act subject to the condition that the properties are used for the purpose of the trust.

(3.) THE relevant Notification which is being impugned hare in runs thus: "housing AND SPECIAL ASSISTANCE deportment mantralaya Bombay 400032 dated the 10th august 1982. BOMBAY RENTS, HOTEL AND LODGING HOUSE rates CONTROL, ACT,1947 500 no. BRA-2080/cr. 729 (8) (XII- in exercise of the powers conferred by clause (ii)and (iii) of sub-section (2) of section 4 of the Bombay Rents, Hotel and Lodging House rates Control Act, 1947 (Bom LVII of 1947), the Government of Maharashtra hereby directs that with effect from the date of publication of this notification in the official gazette, all the provisions of Part II of the said Act shall not apply generally to the properties specified in the schedule hereto belongs to Bhavaniram Dnarmashala trust, situated at A-4 Solapur, District solapur, subject to the conditions that the said premises are used for the purpose of the said trust. Schedule the premises belonging to Bhavaniram dharmashala Trust A-4 Solapur District solapur 413002. By order and in the name of the governor of Maharashtra. V. S. Mathkar deputy Secretary to Government"