Case Note & Summary
The petitioner, Mr. Prakash Babu Harmalkar, a Police Sub-Inspector who joined the Maharashtra Police Force in 1979, was allotted Flat No.6 on the first floor of 'Jer Villa' at Parel, Bombay, by the Commissioner of Police, Bombay. He had been residing there since the allotment. On 14/08/1997, the Controller of Accommodation (Respondent No.2) passed an order authorizing the Area Inspector to take possession of the premises. The petitioner challenged this order by way of a Writ Petition under Article 226 of the Constitution, seeking a writ to restrain Respondents 1 and 2 from implementing the order. The main legal issue was whether the Controller of Accommodation had jurisdiction to pass such an order regarding premises allotted by the Commissioner of Police, which was not under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The petitioner argued that the allotment was made by the police authorities and not under the Act, and therefore the Controller had no jurisdiction. The respondents did not appear to contest the petition. The court, after hearing the petitioner's counsel, held that the Controller of Accommodation had no jurisdiction over premises allotted by the Commissioner of Police, as such allotment is not under the Act. The impugned order was quashed and set aside. The petition was allowed accordingly.
Headnote
A) Administrative Law - Jurisdiction of Controller of Accommodation - Premises Allotted by Police Commissioner - The Controller of Accommodation has no jurisdiction to pass an order for taking possession of premises which were allotted to the petitioner by the Commissioner of Police, Bombay, as such allotment is not under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The impugned order dated 14/08/1997 was quashed and set aside. (Paras 1-8)
B) Rent Control - Section 22 of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Allotment by Police Authorities - The allotment of premises by the Commissioner of Police to a police officer is not an allotment under the Act, and therefore the Controller of Accommodation cannot exercise powers under Section 22 in respect of such premises. Held that the order was without jurisdiction. (Paras 3-8)
Issue of Consideration
Whether the Controller of Accommodation has jurisdiction to pass an order for taking possession of premises which were allotted to the petitioner by the Commissioner of Police, Bombay, and whether such order is valid under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The petition is allowed. The impugned order dated 14/08/1997 passed by the Controller of Accommodation is quashed and set aside.
Law Points
- Controller of Accommodation has no jurisdiction over premises allotted by Commissioner of Police
- Section 22 of Bombay Rents
- Hotel and Lodging House Rates Control Act
- 1947
- Allotment by police authorities is not under the Act
- Writ of certiorari lies against orders without jurisdiction
Case Details
Writ Petition No.1379 of 1997
R.M.S. Khandeparkar, V.M. Kanade
Mr. C. Joseph for the petitioner; None for respondent Nos. 1 and 2; Mr. F.L. Berawala with Ms. Rohini Dandekar i/b Berawala & Co. for respondent No.3
Mr. Prakash Babu Harmalkar
State of Maharashtra, The Controller of Accommodation, Mr. Pramod Jaysen Jayakar
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Nature of Litigation
Writ Petition challenging an order of the Controller of Accommodation directing possession of premises allotted by the Commissioner of Police.
Remedy Sought
The petitioner sought a writ, order, or direction to restrain Respondents 1 and 2 from implementing the impugned order dated 14/08/1997.
Filing Reason
The petitioner challenged the order of the Controller of Accommodation authorizing the Area Inspector to take possession of the premises where he resided, on the ground that the Controller lacked jurisdiction.
Issues
Whether the Controller of Accommodation has jurisdiction to pass an order for taking possession of premises allotted by the Commissioner of Police.
Whether the impugned order is valid under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Submissions/Arguments
The petitioner submitted that the premises were allotted to him by the Commissioner of Police, Bombay, and not under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and therefore the Controller of Accommodation had no jurisdiction to pass the impugned order.
Ratio Decidendi
The Controller of Accommodation has no jurisdiction to pass an order for taking possession of premises which were allotted to the petitioner by the Commissioner of Police, Bombay, as such allotment is not under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The impugned order was without jurisdiction and liable to be quashed.
Judgment Excerpts
By this Petition, the petitioner is seeking the appropriate writ, order and direction, directing the respondent Nos. 1 and 2 not to implement and/or execute the impugned order dated 14/08/1997 passed by the respondent No.2 - Controller of Accommodation whereby the respondent No.2 had authorized the Area Inspector to take possession of the premises in which the petitioner is residing since the time of allotment of the premises through the Commissioner of Police, Bombay.
The Controller of Accommodation has no jurisdiction to pass an order for taking possession of the premises which were allotted to the petitioner by the Commissioner of Police, Bombay. The allotment of the premises by the Commissioner of Police to the petitioner is not an allotment under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Procedural History
The petitioner filed Writ Petition No.1379 of 1997 in the High Court of Judicature at Bombay challenging the order dated 14/08/1997 passed by the Controller of Accommodation. The petition was heard and decided on 20/12/2005.
Acts & Sections
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: Section 22
