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1951 Supreme(P&H) 147

WESTON, HARNAM SINGH
Sardarni Gurdial Kaur – Appellant
Versus
State – Respondent


Judgment

Weston, J.

1. On 17-7-1951 a Bench of this Court, of which I was a member, declared the Punjab Requistioning of Immovable Property Act, 1947 and 1948, ultra vires of the Government of India Act, 1935, on the ground that by those Acts permissible requisitioning of property was not required to be for a public purpose. To meet this decision the Punjab Requisitioning of Immovable Property (Amendment and Validation) Ordinance, 1951, has been promulgated on 3-8-1951 by the President exercising under Article 356 of the Constitution the powers of the Governor. This Ordinance made under Clause (1) of Article 213 of the Constitution amends Ss. 2 and 3 of the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948 in the following manner. In Sub-section (1) of Section 2 of the Act, after the words "requisition any immovable property" the words "for a public purpose" are, and are deemed always to have been, inserted. In Sub-section (1) of Section 3 of the Act, after the words "acquire such property" the words "for a public purpose" are and are deemed always to have been inserted. By Clause 4 of the Ordinance provision is made for validation of requisitions and acq






















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