Judgement

BOSE J.: This judgment will govern Civil Appeals Nos. 146 and 147 of 1952 (These seem to be appeals from AIR 1952 Bom 16 and AIR 1952 Bom 468 -Ed.) as well. We will first deal with the questions that are common to them all. They arise out of three petitions made in the Bombay High Court for writs of mandamus under Article 226 of the Constitution. The writs have been granted and the State of Bombay appeals.

2. The facts are these.

The Governor of Bombay, acting through the Assistant Controller of Accommodation, issued orders under Section 6(4)(a) of the Bombay Land Requisition Act, 1948 in Civil Appeals Nos. 145 and 146 of 1952 and under Section 5(1) in Civil Appeal No. 147 of 1952, requisitioning the premises of the three respondents. The question is whether these orders are ultra vires . They are attacked on a number of grounds the first of which goes to the root of the matter. It is contended that these two sections are ultra vires Articles 19 (1)(f) and 31(2) of the Constitution.

3. The respondents are either the owners or the tenants of the premises requisitioned. In Civil Appeal No. 145 of 1952 the respondents are uncle and nephew. The uncle, who is the first respon