RAM KISHAN MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) CIVIL Writ Petitions Nos. 352 and 351 of 1971 are inter-connected. The petitioners and the properties which are the subject-matter of dispute, in both the petitions, are the same. It will, therefore, be convenient to dispose them of by one judgment.

(2.) THE petitions arise out of these facts:-3. The eleven petitioners are co-owners of Bungalow No. 24, Cooper Road, Amritsar. Respondent 3 is the District Magistrate, Amritsar. He has different legal capacities viz. , (a) President of Amritsar Central Consumers Co-operative Stores Ltd. , Amritsar (hereinafter referred to as Limited concern); (b) Competent Authority under Defence of India Act, 1962 (hereinafter referred to as the Defence Act); (c) Competent Authority under Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (hereinafter referred to as the Punjab Act); (d) Competent Authority under the Requisitioning and Acquisition of Immovable Property Act, (Central Act) 1952; and (e) Competent Authority under the Sarai Act. 4. Respondent 3 in purported exercise of the emergency powers under Section 29 of the Defence Act and the Rules framed thereunder, delegated to him by the Union of India (respondent 1) and the State of Punjab (respondent 2) made an order, dated April 26, 1963 (Annexure B) requisitioning the ground floor of the aforesaid Bungalow of the petitioners. In exercise of the same powers, by another order of May 25, 1963 Respondent 3, requisitioned the 2nd storey of the same building of the petitioners for purposes of respondent 4, a Limited concern. Both the requisition orders started with the recital: