R.S. Mohite, J.

1. Since all the aforesaid writ petitions involve the same or similar issues, they are disposed off by this common Judgment and order.

2. The brief matrix of the relevant facts and law, in chronological order are as follows.

a) On 1.9.1939, Germany invaded Poland. Two days later, Great Britain and France declared war on Germany. The IInd World War had begun. The Governor General declared a proclamation of emergency under Section 102 of the Government of India Act, 1935. On 29.9.1939, British Parliament enacted the Defence of India Act 1939, interalia in order to provide for special measures to ensure public safety, interest and the Defence of British India.

b) Section-2 of the Defence of India Act enabled the Central Government to make rules interalia for requisitioning of property. Accordingly, in 1939, the Central Government framed the Defence of India Rules,1939 (Hereinafter referred to as “the rules”.)Rule 75A of the rules pertained to requisitioning of property and Rule 75-A(1) which is relevant for our purpose was in the following terms.

Rule-75-A (1)- If in the opinion of the Central Government or the Provincial Government it is necessary or expedient so to do for securing the defence of British India, Public safety, the maintenance of public order or efficient prosecution of war, or for maintaining, supplies and services essential to the life of the community, that Government may, by order in writing, requisition any property, movable or immovable, and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning”.

c) On 20-9-1046, a public charitable trust by name “N.M.Wadia Charities” (Hereinafter referred to as the ‘trust’. was the owner of a building known as the ‘Manekji Wadia Building’ situated at 127, Mahatma Gandhi Road, Fort, Bombay-1 (Hereinafter referred to as ‘the building’.

d) By an order dated 20.9.1946, the Collector of Bombay, in exercise of powers conferred upon him by sub rule (1) of Rule 75-A of the Defence of India Rules read with a Notification of the Government of India, Defence Co-ordination Department dated 25.4.1942, for a declared purpose of maintaining supplies essential to the life of the community, requisitioned the eastern half of the first, fourth and fifth floors and the whole of the third floor of the said building and directed that the possession of the said building be delivered to the A.D. Lands Hiring and Disposal Services. The order mentioned that the requisitioned property would be continued in requisition during the period of the war and six months thereafter or any such shorter period as may be specified by the A.D. Lands Hiring and Disposal Services. The record indicates that the requisition was for a Union purpose i.e. for the use by the Defence Ministry of the Government of India.

e) The Defence of India Act 1939 and the rules framed thereunder were to expire on 30.9.1946. A question arose as to what was to be the status of land/premises requisitioned under the Act and the Rules. To address this question, in 1946, the Governor General promulgated the “Requisitioned Land (Continuance of Powers) Ordinance 1946” (Hereinafter referred to as _ the 1946 Ordinance, which was brought into force with effect from 1.10.1946. Clause-3 of the 1946 Ordinance dealt with the continuance of requisitions made under the Act and the Rules, notwithstanding their expiry and was in the following terms.

3-Continuance of Requisition- Notwithstanding the expiration of the Defence of India Act, 1939 (XXXV of 1939),and the rules made thereunder, all requisitioned land shall continue to be subject to requisition until the expiry of this Ordinance and the appropriate Government may use or deal with any requisitioned land in such manner as may appear to it to be expedient;

“Clause-4 of the 1946 Ordinance dealt with release from requisition and clause 4(1) was in the following terms.

4-(1) Release from requi