JAGATCHANDRA N VORA Vs. PROVINCE OF BOMBAY

JUDGEMENT

(1.) THE question that arises for determination in these rules and also in other rules in respect of orders of requisition issued under Section 6, Bombay Land Requisition. Act, 1948, is whether a writ of certiorari lies in respect of such an order. It has been argued in all the rules, although this judgment is headed only in some of the rules typical of the two classes of cages which arise under Section 6, viz. (1) where an intimation of vacancy has been given and (2) where no such intimation is given.

(2.) IN P. V. Rao v. Girdharlal Lallubhai, 51 Bom. L. R. 418 : (A. I. R. (36) 1949 Bom. 303) a Division Bench of this Court, to which I was a party, came to the conclusion that an order of requisition under Sub-section (4) of Section 4, Bombay Laud Requisition Ordinance, 1947, wag a quasi-judicial Act, and, therefore, subject to the writ of certiorari. IN order to appreciate what actually was decided in that appeal it is necessary to look at the scheme of Section 4 of the Ordinance and the facts of the appeal. Sub-section (1) of that section casts an obligation on the landlord to give intimation of a vacancy to the Provincial Government, vacancy being decided in that sub-section. Subsection (2) provides for the period during which such intimation should be given. Sub-section (8) prohibits the landlord from letting out; the premises for a month after the receipt of the intimation by the Provincial Government. Sub-section (4) enables Government to requisition vacant premises whether or not an intimation has been given. Sub-section (5) prescribes a penalty for not giving the intimation.

(3.) THE first question that has been urged by Sir Jamshedji Kanga on behalf of one of the petitioners is that the power to requisition given under this sub section relates to "the premises" which can only mean vacant premises as defined in Sub-clause (1) read with the explanation. THE word ''premises" in its turn has been defined in Section 4 (3); and it is only premises which fall within that definition that can be requisitioned. That definition is as follows : " 'premises' means any building or part of a building let or intended to be let separately including (i) the garden, grounds, garages and out-houses, it any, appurtenant to such building or part of a building, (h) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or lodging houses ;"