Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lodging House Rates Control Hotel Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act Bombay Rents Bombay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Rents, Hotel, Lodging House Rates Control, Bombay, LandRequisition and Bombay Government Premises (Eviction) (Amendment) Act,1996-Act amending certain provisions of Bombay Rents, Hotel and LodgingHouse Rates (Control) Act, 1947, Bombay Land Requisition Act, 1948 andBombay Government Premises (Eviction) Act, 1955-Altering the basis ofoccupation of premises by occupants and declaring that requisitioning shallcome to an end-Constitutional validity of-Held: The Act is intra vires theConstitution and thus valid.Constitution of India, 1950:Article 246, Entries 6, 7, 13 of List 111 and Entry 18 of List 11 of SeventhSchedule-Legislative competence-Held: Power of the State Legislature is tolegislate in respect of landlord and tenant found in entries 6, 7 and 13 of List-111 of the Seventh Schedule-No voluntary transfer of property between ownersand allottees-State Government in exercise of its power of eminent domainrequisitioned the properties in public interest and allotted to occupants andpaid compensation-Also privily of estate was compulsorily converted intoprivily of contract-Thus within the legislative competence of the State-Bombay Rents, Hotel, Lodging House Rates Control, Bombay, Land Requisitionand Bombay Government Premises (Eviction) (Amendment) Act, 1996.Articles 245 and 246-Amending Act is merely placing additionalrestrictions on the right of the owners to seek eviction of the premises, thusis neither in conflict with the judgements of Supreme Court nor a piece ofcolourable legislation-Bombay Rents, Hotel, Lodging House Rates Control,Bombay, Land Requisition and Bombay Government Premises (Eviction)(Amendment) Act, 1996.Article 246, Schedule Vll:Enactment challenged with reference to entries in Schedule VII-Held:In such cases it is necessary to examine the pith and substance of the Act.Legislative entries-Interpretation of-Held: Entries should be widelyinterpreted making them meaning/UI and effective-Transgression into thefield of another entry placed in another list is to be avoided-Interpretationof statutes.Articles 141, 245 and 246-Enactment of /aw-Competency of-Held:Legislature can enact a law, subject to its legislative competence, which willwithdraw or fundamentally alter the very basis on which a judicialpronouncement has proceeded and create a situation which if it had existedearlier, the Court would not have made the pronouncement.Article 14-Reasonable classification-Validity of-Held: Legislationenacting a law intending to apply to or benefit the 'well defined class'-premises whose occupants are under threat of eviction, thus not violative ofArticle 14-Bombay Rents, Hotel, Lodging House Rates Control, Bombay,Land Requisition and Bombay Government Premises (Eviction) (Amendment)Act, 1996.Doctrines:Doctrine of colourable legislation and doctrine of Pith and Substance-Discussed |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2003 INSC 103 |
Petitioner | Welfare Assocn. A.r.p., Maharashtra And Anr. Etc. Etc. |
Respondent | Ranjit P. Gohil And Ors. Etc. Etc. |
SCR | [2003] 2 S.C.R. 139 |
Judgement Date | 2003-02-18 |
Case Number | 5168 |
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