SHRINIBAI MANCHERSHAW MEHANTY Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is a petition under Art 226 of the Constitution challenging the validity of a requistion Order date 4-7-1958, passed in pursuance of clause (a) of sub-section (4) of S. 6 of the Bombay Land Requistion Act of 1948.

(2.) The relevant facts are as follows: The petitioner is the owner of Hera Building at Jehangir Daji Lane, Sleater Road, D. Ward, Bombay 7. Prior to 31-5-1957, one P. N. Mehta was occupying the first floor of that building as a tenant of the petitioner. By a notice to quit P. N. Mehta gave notice to the petitioner that he would vacate the first floor of the premises ont he expiry of the month of the tenancy, viz.. 31-5-1957. In fat on 5-6-1957, P. N. Mehta vacated the first floor fo the premises hereinafter referred to as the premises. By a letter dated 5-6-1957, the petitioners signed the printed prescribed the same to the Accomadition Officer. A copy of that form is annexed as Annexture to affidavit in reply dated 1-11-1958. This form reached the Accommodation Department on 18-6-1957. By a requisition Order dated 17-7-1957, the ermises were requistioned under clause (a) of sub-section (4) of S. 6 for housing a person rendered homeless due to house demolitionont he ground that the intimation under sub-section (1) of S. 6 of the Bombay Land Requistion Act had been received from the petitioner on 18-6-1957.

(3.) The petitioner made several representation to the Government from time to time that he intended to sell off the heera Building and that the Government should, therefore, not enforce the requistion order and should not take possession of the premises. The Government accepted the representations made by the petitioner and from time to time extended the date within which thepetitioner should complete the intended sale of the property. The time was extended ultimately to 31-5-1958. As the petitioner had not completed the sale of the property an enforcement order dated 305-1958, was issued and on 3-6-1958, possession was taken by the Government of the premises.