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2003 Supreme(SC) 203

R.C.LAHOTI, BRIJESH KUMAR
Welfare Assocn. A. R. P. , Maharashtra – Appellant
Versus
Ranjit P. Gohil – Respondent


Judgment

R. C. LAHOTI, J.

( 1 ) LEAVE granted in all SLPs.

( 2 ) THE Bombay Rents, Hotel and Lodging House Rates Control, Bom bay Land Requisition and Bombay Government Premises (Eviction) (Amend ment) Act, 1996 (Act No. XVI of 1997) having been struck down as ultra vires of the Constitution and as being beyond legislative competence of the State legislature, the State of Maharashtra, the Welfare Association of Allottees of requisitioned Premises, Maharashtra and several others have come up in appeal. The decision by the Division Bench of the High Court of Judicature at Bombay was delivered on 27th July, 1998. The judgment posed the threat of eviction against several allottees in occupation of premises requisitioned by the State Government. Several Writ Petitions were filed which were all disposed of by the impugned judgment of the Division Bench. The principal question which arises for decision in the batch of appeals is the constitu tional validity of Amendment Act No. XVI of 1997 abovesaid (hereinafter referred to as the Amendment Act, for short ). Historical background : Two decisions of this Court:

( 3 ) A brief statement of historical background leading to the present controver






























































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