RAMESH Vs. UNION OF INDIA

JUDGEMENT

(1.) In C. W. P. 736 of 1987, the petitioners, who are the tenants of the ground floor portion of H. N. 2135, Sector 38-C, Chandigarh, have filed this writ petition praying for quashing of the Notification No. GSR-1287 (E) dated December 15, 1986 by which the Central Government in e-ercise of the powers conferred by Section 87 of the Punjab Reorganisation Act, 1966 (Act No. 31 of 1986) have e-tended to the Union Territory of Chandigarh the East Punjab Urban Rent Restriction (Amendment) Act, 1983, (Punjab Act 2 of 1985) as in force in the State of Punjab at the date of the notification subject to the modifications mentioned in the said notification. This Amendment Act 2 of 1985, which was e-tended to the Union Territory of Chandigarh incorporated Section 13-A in the East Punjab Urban Rent Restriction Act 3 of 1949, which conferred certain special rights in favour of "specified landlord" which e-pression means "a person who is entitled to receive rent in respect of a building on his own account and who is holding or has held an appointment in public service or post in connection with the affairs of the Union or of a State" in the matter of recovery of possession of residential or scheduled buildings.

(2.) In the other writ petition (C.W.P. No. 1754 of 1987), the petitioner who purchased a residential plot No. 239-P, Sector 33-A, Chandigarh, has prayed for quashing of the Notification No. GSR (E)-1339, dated December 30, 1986, by which the Central Government in e-ercise of the powers conferred by Section 87 e-tended to the Union Territory of Chandigarh the Indian Stamp (Punjab Amendment) Act, 1981 (Punjab Act No. 27 of 1981), by which the stamp duty payable on deeds of conveyance had been : increased.

(3.) Since in both these writ petitions, the petitioners have raised almost identical constitutional questions, they were directed to be clubbed together.