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2019 Supreme(SC) 1266

RANJAN GOGOI, L. NAGESWARA RAO, SANJIV KHANNA
Ram Krishan Grover – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner(s):Kaveeta Wadia, Kamaldeep Gulati, Alok Kr. Aggarwal, Pavni Poddar, Anushruti, Garima Prashad, Rishi Malhotra, Advocates
For the Petitioner(s)/ Respondent(s):Sanjai Kumar Pathak, Shashi Pathak, Arvind Kumar Tripathi, Advocates
For the Respondent(s):B. Krishna Prasad, Anil Kumar Mishra, P.N. Puri, S.S. Chopra, Reeta Dewan Puri, Bano Beswal, Abhishek Puri, Deepak Goel, Subhasish Bhowmick, Jatinder Kumar Bhatia, Yash Pal Dhingra, Dinesh Verma, S.L. Aneja, Subhasish Bhowmick, Ritesh Khatri, Uttara Babbar, Bhavana Duhoon, Manan Bansal, Advocates

JUDGMENT :

SANJIV KHANNA, J.

Leave granted.

2. The afore-captioned appeals are by tenants of different residential and non-residential buildings in the Union Territory of Chandigarh and urban areas in the State of Punjab, who have challenged the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, the ‘Rent Act’) and its extension to the Union Territory of Chandigarh by the Central Government vide Notification dated 09.10.2009 in exercise of powers under Section 87 of the Punjab Reorganisation Act, 1966 (for short, the ‘Reorganisation Act’).

3. Section 13-B of the Rent Act, reads as under:

    “13-B. Right to recover immediate possession of residential building or scheduled building and/or non-residential building to accrue to Non-resident Indian.— (1) Where an owner is a Non-Resident Indian and returns to India and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with and dependent on him or her, he or she, may apply to the Controller for immediate possession of such building or buildings, a


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