OMPRAKASH Vs. FATTELAL MAGANALA AND COMPANY

JUDGEMENT

(1.) Following the ratio in the case of motor General Traders and another v. State of andAndhra Pradesh AIR 1984 Sc 121, a Dicision Bench of this Court in the case of the Prabjakar tanbaji Rokde v. State of Maharashtra AIR 1986 Bom 64 has declared as unconwstitutional the notification dated 6th Feb. 1952 issued under Cl 30 of the Central Provinces and Berar Letting of Houses and Rent Control Order 1949 (The HRC Order ") by which houses used for residential purposes constructed on a site lying vacant on 1st Jan. 1951 or on a site made vacant on or after that date by demolition of such structure standing onsuch site were exempted from the operation of the HRC Order on the ground that indefinte ocnunuationof discriminatory and, therefore, hit by Art. 14 of the Constitution Point is whether the ratio of those dicisions can be extended also to indefinte continuation of outer limits in the matter of fixation of fair rent withrelation to cut off date - 1st April 1940 - mentioned in Clas 6 (1) and 7 (1) of the HRC Order.

(2.) We will first notice the principle laid downinthec ase of Motor General Traders (AIR 1984 SC 121 ) (supra) and its background Sec. 32 (B) of the A, P. Buildings (Lease Rent and Eviction) Control Act (15 of 1960) exempted from the provisions of the Said Act any building constructed after 26-8-2957. Point arose as towhether there was any valid justificationofr continuation of that exemption for years together despite changed conditions. Accepting that when the Act was brought into force 1960 exemption to houses constructed 3 years before was valid, it is held.

(3.) In the case of Prabjakar Rokde (AIR 1986 Bom 64) (supra) shor t legislative history of the C. P. & Berar Regulation of Letting of Accommondation Act 1946 (the Act) under which the HRC order is made has been noticed It is stated.-