KULBIR SINGH SARA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to the notification dated 9.10.2009 whereby the provision of East Punjab Urban Rent Restriction (Amendment) Act, 2001 (Punjab Act No. 9 of 2001) was extended to the Union Territory of Chandigarh in exercise of powers under Section 87 of the Punjab Reorganization Act, 1966. Similar issue in respect of extension of Section 13-A of East Punjab Urban Rent Restriction (Amendment) Act, 2001 to the Union Territory of Chandigarh came to be decided by Hon'ble the Supreme Court in case Ramesh Birch & others v. Union of India and others, 1990 AIR(SC) 560 It was held that extension of the Act by the powers of delegated legislation is valid.

(2.) In view of the parity of the circumstances, we do not find any illegality in the notification extending Section 13-B of East Punjab Urban Rent Restriction (Amendment) Act, 2001 (Punjab Act No. 9 of 2001) to the Union Territory of Chandigarh. Accordingly, there is no merit in the present writ petition and the same is dismissed.