COLY JAMSHED DASTUR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.Vyas for the petitioners and Mr.Master for the respondents.

(2.) IN my opinion, rule issued on this petition is liable to be made absolute in view of the law laid down by the Supreme Court in H.D.Vora Vs. State of Maharashtra, AIR 1984 SC 866, and Grahak Sanstha Manch & Ors. V. State of Maharashtra, JT 1994 (3) SC 474. The premises of the petitioners were requisitioned under the Requisitioning and Acquisitioning of Immovable Properties Act, 1962 by order bearing No.C _ 204/3414 dated 24th July, 1954. The requisition has been continued for last more than 40 years. It has been held by the Supreme Court in Grahak Sanstha Manch's case (supra) that the continuance of premises under acquisition for more than 30 years is an unreasonable period and should be de-requisitioned. Thus it is clearly impermissible for the Government to continue the requisition order in respect of the petitioners' premises.