Judgment

IMAM, J. : By an order dated 12-5-1952, hereinafter referred to as the impugned order the Government of the State of Bombay requisitioned under S. 5, Bombay Land Requisition Act, 1948 (Bombay Act 33 of 1948), hereinafter referred to as the Requisition Act, the premises specified therein. The impugned order, so far as it is relevant to the present appeal, stated,

"Now, therefore, in exercise of the powers conferred by sub-s. (1) of S. 5, Bombay Land Requisition Act, 1948 (Bombay Act 33 of 1948) the Government of Bombay is pleased to requisition the said part of the building for a public purpose, namely for housing an Officer of the State Road Transport Corporation which is a public utility service."

2. The respondent filed a writ application under Art. 226 of the Constitution in the Bombay High Court and the application was heard by Tendolkar J. who set aside the impugned order. Against his decision the appellant appealed and a Division Bench of the said Court affirmed the decision of Tendolkar J. The present appeal is by special leave against the decision of the High Court.

2a. The principal ground upon which the impugned order was set aside was that the requisition was not fo