Judgment

KHANNA, J.:- (On behalf of himself and Ray C. J., Alagiriswami and Bhagwati JJ.). This judgment would dispose of civil appeals No. 1730 and 1751, 1752 and 1753 of 1967 which have been filed on certificate by the State of Punjab against a Full Bench judgment of the Punjab High Court whereby Section 2 of the East Punjab Movable Property (Requisitioning) Act, 1947 (hereinafter referred to as the Act) was struck down on the ground of being violative of Article 14 of the Constitution. It was further held that Section 2 was not severable from the rest of the Act and the other provisions of the Act were merely ancillary to the powers of requisitioning and acquisition of property contained in Sections 2 and 3 of the Act. The High Court accordingly held the entire Act to be unconstitutional and void.

2. We may set out the facts giving rise to civil appeal No. 1730, because it is the common case of the parties that the decision in that appeal would govern the other three appeal also. The respondent in civil appeal No. 1730 is the owner of Tata Mercedes Benze truck No. 1607. On December 18, 1964 the District Magistrate Rohtak passed an order under Section 2 of the Act requiring Khan Ch