BHARAT INSURANCE CO LTD Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an application by the Bha-rat Insurance Company Limited of Delhi against the State of Delhi and the Collector of Delhi for writs under Article 226 of the Constitution oE India.

(2.) The facts giving rise to this application are stated to be that on or about 14- 3-1950, the Collector of Delhi gave notice under S 3 (3), Delhi Premises (Requisition and Eviction) Act, 1947, to Mr. Jain, the General Manager of the Company, to show cause why bungalow No. 26, Alipore Road, should not be requisitioned. In reply to that notice objections were filed which were dismissed by the Collector. The Collector by his order of 9-6-1950, requisitioned the bungalow under S 3 (4) of the Act and directed Mr. Jain to deliver possession thereof to the Tahsildar, Delhi, on 16-6-1050. Thereafter appeals were filed both by the Bharat Insurance Company and Mr. Jain under Section 5 of the Act to the Chief Commissioner on 12-6-1950. The grievance of the petitioner is that without an opportunity being given of its being heard in support of the appeal the Chief Commissioner dismissed the same by his order dated 7-7-1950. Intimation of this case was sent to the petitioner by the Home Secretary to the Chief Commissioner by his letter dater 11-7-1950. On receipt of the intimation the petitioner on 12-7-1950, submitted to the Chief Commissioner that the appeal had been decided without giving the petitioner or its counsel an opportunity to appear and urge their objections and that in the interests of justice the matter may be reconsidered after giving the petitioner an opportunity of being heard. The Chief Commissioner, however, refused to do so and by his letter dated 21-7-1950 his Home Secretary said that the orders already passed on 7-7-1950 would stand.

(3.) These facts are not denied. In my opinion the grievance of the petitioner is sound. Under Clause (3) of Section 3 of the Act it is stated: --