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1952 Supreme(P&H) 2

WESTON, KAPUR
V. N. Wanchoo, Etc. – Appellant
Versus
Collector Of Delhi, Etc. – Respondent


Judgment

Weston, J.

1. This is an application under Article 226 of the Constitution filed by twenty-eight persons who are tenants of as many quarters in a building known as "Gupta Colony" which was constructed in about May or June 1950 by one R. C. Gupta on land belonging to him situate on the Canal Road, Civil Lines Delhi. On the 6th of April 1951, the Collector of Delhi issued notices purporting to be under Section 3 (3) of the Delhi Premises (Requisition and Eviction) Act, 1947, upon each of the applicants. These notices were typed and ran as follows:

NOTICE

"WHEREAS in my opinion it is necessary to requisition the premises in the schedule hereto appended for a public purpose, the proper and efficient functioning of the Government of India and maintenance of supplies and services essential to the life of the community; NOW, THEREFORE, in exercise of the powers conferred by Sub-section (3) of the Delhi Premises (Requisition and Eviction Act, 1947 (XLIV of 1947) (sic), I, Rameshwar Dayal, Collector, Delhi, do hereby call upon the landlord and the tenant or the person in possession of the said premises to show cause within seven days from the date of this notice why the said premise





















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