Case Note & Summary
The dispute arose from the requisition of a flat by the State Government under the Bombay Land Requisition Act, 1948. The appellant applied for allotment of a flat, which was requisitioned by the State Government on 9th April 1951 without specifying the public purpose. The appellant occupied the flat and paid rent irregularly to the landlady. After the building was purchased by the third respondent in 1973, a writ petition was filed challenging the requisition order, arguing it could not last for over thirty years. The High Court ruled in favor of the third respondent, leading to the appeal. The Supreme Court analyzed the nature of requisition versus acquisition, emphasizing that requisition must be temporary and for a public purpose. The court concluded that the requisition order ceased to be valid after a reasonable time, which was not met in this case. The court upheld the High Court's decision to de-requisition the flat and ordered the eviction of the appellant, allowing a grace period until 28th February 1985 for vacating the premises, contingent on the appellant's undertaking. The appeal was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Requisition of Property - Validity of Requisition Order - Constitution of India, 1950, Article 31(2) - The order of requisition, even if valid when made, ceased to be effective after a reasonable period, which cannot be an unreasonably long period such as thirty years. The court held that requisitioning must be for a public purpose of transitory character and cannot endure indefinitely (Paras 700-701).
Issue of Consideration
Whether an order of requisition of premises can be continued for an indefinite period of time or must necessarily be of temporary duration.
Final Decision
The Supreme Court dismissed the appeal, confirming the High Court's order to de-requisition the flat and evict the appellant, allowing a grace period until 28th February 1985 for vacating the premises.
Law Points
- Requisition of property
- Public purpose
- Temporary duration
- Distinction between requisition and acquisition
- Validity of requisition order
