PRABHAKAR TANBAJI ROKDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these three writ petitions under Article 226 of the Constitution by tenants of houses used for residential purpose and constructed on sites lying vacant on 1st January, 1951 within Corporation/Municipal limits, Constitutional validity of notification no. 659-66-11 dated 6th February, 1952 issued by the then Provincial Government of C. P. and Berar in pursuance of an, authority conferred on it by clause 30 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 ("The HRC Order") issued under Section 2 of Central Provinces and Berar Regulation of Letting of Accommodation Act, 1946 ("The Act") is challenged. The notification reads thus :

(2.) To appreciate this point, it would be necessary first to trace in short the background of this legislation. The following statement of Objects and Reasons of the Central Provinces and Berar Regulation of Letting of Accommodation Bill, 1946 (Bill No. 7 of 1946) prepared on 15th August, 1946 and which emerged as the Act speaks for itself:

(3.) After Vidarbha Region separated from the Central Provinces and Berar and merged into new bilingual Bombay State in 1956, the Act and the HRC Order continued to operate in that region in terms of Section 119 of the States Reorganisation Act. In different regions of the State different rent legislations operated. The bilingual State of Bombay was bifurcated in 1960, but that bifurcation did not affect either this region or the laws operating therein, Clause 1 of the HRC Order empowers the Provincial Government to apply the whole or any part of the Order to such areas as it may direct from time to time. The HRC Order is divided into four chapters Chapter 1 is preliminary. Chapter II deals with fixation of rent and other terms. Chapter III deals with Collection of Information and Letting of Accommodation and Chapter IV is the supplement Clause 30 which finds place in the last Chapter V empowers the Government to grant exemptions, Chapter 1 of HRC Order was made applicable in the erstwhile province of C.P., and Berar on 26th July, 1949 and different Chapters were made applicable under clause 1 to different 'Municipaities from time to time. First exercise of the power of exemption under clause 30 was made on 26th July, 1949 itself when houses belonging to a Municipality, Notified Area, Committee, Janapada Sabha and place of entertainment were exempted. Impugned notification was issued 2 years later and is holding the field for nearly 33 years. Basic structure of the HRC Order has also remained unaltered for nearly 36 years.