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2001 Supreme(All) 912

B.K.RATHI
MILAP CHANDRA JAIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
MURLIDHAR, P.C.JAIN, Ram Pratap Singh, S.D.SINGH

B. K. RATHI, J.

( 1 ) BY means of this petition under Article 226 of the Constitution of India, the petitioner has made a request that the definition of "standard rent" as given in Section 3 (k) (wrongly mentioned in the petition as 2 (k)) and corresponding provisions of Sections 4 (2), 5, 6, 8 and 9 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), be declared ultra vires of the Constitution of India. It is further prayed that it may be declared that the standard rent payable for building is the prevailing market rent relating to similar buildings exempted from the operation of the Act : that it be further declared that on failure to arrive at a settlement of the standard rent, the same be determined by the District magistrate on the basis of the criterion as may be laid down in this petition. The last prayer made is that the respondent No. 1, i. e. , State of U. P. and Food and Civil Supply Department of State of U. P. be directed to take steps for the enactment of a new rent control legislation on the lines of Model Rent Control Legislation.

( 2 ) THE facts giving rise to this petition are as follows :

"the petitioner alle



















































































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