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1959 Supreme(SC) 59

N.RAJAGOPALA AYYANGAR, S.K.DAS, A.K.SARKAR, B.P.SINHA, J.R.MUDHOLKAR, S.R.DASS
Jyoti Pershad, Mahtab Singh, Surendar Dev Gaur, Phool Chand – Appellant
Versus
Administrator, Delhi Administration – Respondent


Advocates:
A.G.Ratnaparkhi, B.SEN, J.D.JAIN, K.L.Mehta, M.C.SETALVAD, R.S.NARULA, S.S.Chadha, Sardari Lal Bhatia, T.M.SEN, W.S.Barlingay

Judgment

AYYANGAR, J. : These three petitions have been filed invoking the jurisdiction of this Court under Art. 32 of the Constitution challenging the constitutionality of S. 19 and particularly sub-sec. 3, of the Slum Areas (Improvement and Clearance) Act, 1956 (Central Act 96 of 1956), on the ground that it offends the fundamental right of the petitioners guaranteed to them by Arts. 14 and 19(1)(f).

2. To appreciate the grounds on which this contention is sought to be sustained it is necessary to set out briefly a few facts. We might however mention that though the constitutional objection, adverted to is common to all the three petitions, it is sufficient to refer to the facts of the case in Writ Petition No. 67 of 1959 which is typical of the cases before us.

3. The petitioner-Jyoti Pershad-is the owner of a house in Delhi in which respondents 3 to 11 were tenants. Each of these nine individuals occupied a single room in this house. As the petitioner considered the house to be old and required to be demolished and reconstructed, he submitted a plan to the Council of the Delhi Municipal Committee and applied for sanction for the reconstruction of the house. The plan was sanctioned





































































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