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Y. V. CHANDRACHUD, M. H. BEG, N. L. UNTWALIA, P. N. BHAGWATI, P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER
Trustees For The Improvement Of Calcutta – Appellant
Versus
Chandra Sekhar Mallick – Respondent
Judgment
BHAGWATI, J. - These appeals by certificate are directed against a judgment of a Division Bench of the Calcutta High Court striking down Section 78-B to Section 78G of the Calcutta Improvement Act, 1911 as invalid on the ground of excessive delegation of legislative power as also contravention of Article 14 of the Constitution and declaring Rules 11 to 21 of the Rules framed by the Government under sub-section (3a) of Section 137 as ultra vires the provisions of the Act. The facts giving rise to the appeals lie in a very narrow compass and may be briefly stated as follows.
2. The respondents in Civil Appeal No. 579 of 1976 are the owners of a building bearing No. 35 situate at Lower Circular Road, Calcutta while the respondents in Civil Appeal No. 580 of 1976 are owners of a building bearing No. 1/A situate in Mcleod Street, Calcutta. There was a street known as Five Lane connecting the Lower Circular Road on the East to Mcleod Street on the West. In or about November 1954 the Board of Trustees for the Improvement of Calcutta (hereinafter referred to as the Board) acting in exercise of the power conferred under S. 39. Clause (c), passed the necessary resolution and proceeded
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