The decision of the requisitioning authority regarding the public purpose of the requisitioning is not subject to review by the High Court.

Kapur, J.

1. This petition has been brought fey Narain Dass for issue of an appropriate writ under Article 226 of the Constitution of India against the State of Punjab, the District Magistrate of Amritsar and the Executive Engineer, Municipal Committee, Amritsar. In his petition he alleged that Government had made a grant of 10 kanals 7 marlas of land to his ancestors about 80 or 85 years ago and that he had occupied the land since then and had been carrying on the business of a piggery and had also constructed other buildings for carrying on his trade and had rented out certain portions of these buildings to certain tenants. On 31-8-1944 the Municipal Committee through respondent 3 brought a suit for ejectment against the petitioner which was dismissed by Mr. Ram Lal, Subordinate Judge, 1st class. Another suit was brought in 1951 for ejectment and for a mandatory injunction which is still pending. He further alleges that the District Magistrate of Amritsar at the instance of respondent 3 has passed a requisitioning order dated 29-12-1951 under the East Punjab Requisitioning of Immoveable Property (Temporary Powers) Act 48 of 1948 and that in spite of his representations the property has not been derequisitioned. This requisitioning order, it is submitted, is mala fide and is, therefore, inoperative and it is also bad because it is vague and for an Indefinite period and illegal and unenforceable because the building standing on the land has not been requisitioned.

In their reply the respondents" have pleaded that the buildings put up by the petitioners were unauthorised and against the provisions of the Punjab Municipal Act, that in the suit referred to it has been held that the petitioners are mere tenants-at-will but it was dismissed on a technical ground that no proper notice had been given. In para. 10 of their petition the respondents pleaded as under : "With respect to para. 10 of the petition, it is denied that it was in view of the weakness of the position of the Municipal Committee that respondent 3 approached respondent 2 with the request that the land in dispute might be requisitioned for the purpose of building shops for displaced persons as they have constructed temporary stalls by encroaching upon the P. W. D. land abutting on roads and national highways. It was necessary to requisition the land for establishing a refugee market Is order to rehabilitate them and clear the Grand Trunk Road which is a national highway of great military importance."

2. The requisitioning order by the District Magistrate is in the following terms :

"Whereas it is necessary and expedient for securing the maintenance of supplies and ser vices essential to the life of the community to requisition the property detailed in the schedule. Now, therefore in exercise of the powers provided by the East Punjab Requisitioning of Immoveable property (Temporary Powers) Act, 1948, read with Punjab Requisitioning of Immoveable Property (Amendment and Validation) Ordinance, 1951, and delegated to me, I direct the requisition of the said property and do further order that the owner occupier deliver possession of the same to the Executive officer, Municipal Committee, Amritsar, on demand and that for the period during which this order remains in force : (i) the owner shall intimate to me without delay every change of ownership in respect of the whole or any part of the aforesaid property furnishing full particulars of (a) the new owner (b) extent of his interest and (c) the date of acquisition thereof,

(ii) the owner and occupier shall inform me at least 15 days before the aforesaid Executive Officer vacates the aforesaid property and

(iii) no structural alterations shall be made to the building comprised in the aforesaid property without my permission. Land known as Ahata Suran, situated near. Police Station Sadar, at present occupied by Kessi Dass Narain Dass."

3. The submission of the petitioners is that the order is bad because it does not