Chagla, C.J.

[1] This is an application for a writ under Article 226 of the Constitution. By this application an order made by the Collector of Poona under Section 5, Bombay Land Requisition Act is being challenged. The order was made on 16th April 1951, and the order states :

"Whereas it is necessary and expedient for the public purpose, viz. establishment of Kashiwadi Harijan Colony for the Poona City Municipal Corporation to requisition land situated at Poona City taluqa, Poona City District, Poona, specified is the schedule herewith appended,"

It is for this purpose and in exercise of the powers conferred upon him by Section 5 that the Collector has requisitioned the land in question. It would appear that there was a scheme called the Town Planning Scheme No. 3 framed by the Poona City Municipality in 1935 and this particular plot was earmarked for a Harijan Colony, and it was at the instance of the Municipal Corporation that the Collector in 1951 has requisitioned this particular plot.

[2] Three points have been urged by Mr. Kotwal for challenging the validity of this order. The first is that the order is made by the Collector to whom the power has been delegated by the St