The requisition of a house for the occupation of the N.C.C. is not valid as the N.C.C. is not a part of the Armed Forces of the Union and that the requisition was not necessary for securing the defence of India or for the efficient conduct of military operations.

ORDER : This writ petition is directed against the orders of the District Magistrate of Deoria requisitioning a house under S. 29 of the Defence of India Act, 1962.

2. The petitioners are the owners of a house in the town of Deoria. At the relevant time the petitioner No. 1 was living in a portion of the building and the other portion was tenanted by A.N. Chauhan, an Assistant Engineer in the Public Works Department of the State Government.

3. On the 20th of February, 1963 the District Magistrate of Deoria passed an order requisitioning the aforesaid building which reads :

"No. 810/ReEO dated 20-2-63

To

Shri Hari Shanker Misra (Owner)

Excise inspector

Gauri Bazar Sugar Factory,

Gauri Bazar Distt, Deoria.

Whereas in my opinion it is necessary and expedient to requisition the immovable property specified in the schedule hereto annexed of which you are the owner, person in possession, for securing the defence of India or efficient conduct of military operations. Now, therefore in exercise of the powers under Section 29 of the Defence of India Act, 1962 (Act No. 51 of 1962) conferred on me by Central Government under Notification No. 3/2/62 Poll (Spl)-II (G.S.R. No. 1716) dated December 13, 1962, issued by the Ministry of Home Affairs, I.S.N. Pandita, District Magistrate, Deoria, hereby requisition the aforesaid immovable property and further make the orders which appears to me necessary and expedient in connection with the said requisitioning.

ORDER :

That the above mentioned owner shall hand over the vacant possession of the aforesaid immovable property after removing therefrom any furniture or other article, to O.C., 54, U.P. Kn. N.C.C.(R) C/O B. K. D. Degree College, Deoria or his nominee within four days of the order failing which the possession of the aforesaid accommodation will be got delivered through such force as may be necessary for ensuring compliance of this order.

Schedule (Description of the immovable property.)

Building belonging to Hari Shanker Misra, Excise Inspector Gauri Bazar Sugar Factory and situated near Soldier Board Building with following boundary.

(S.N. Pandita)

District Magistrate, Deoria.

Boundary.

1. East - House of Dr. B.N. Mukerjee.

2. West - Dwelling of Mango Bhar.

3. South - Dwelling of Deo Nandan, Sweeper.

4. North - Road.

4. It appears that in spite of this order the possession of the building could not be obtained and therefore the District Magistrate passed another order on 12th of April 1963 directing the Station Officer, Police station, Kotwali to get the possession of the aforesaid building to the Officer Commanding 54 Provincial Battalion N.C.C.(R) or his nominee after using such minimum force as may be necessary for carrying out the order. Parties are agreed that the possession of the house has since been delivered to the respondent No. 2 and only some goods belonging to the petitioner are kept locked in one of the rooms of the house.

5. Learned counsel for the petitioner has challenged the validity of the aforesaid orders on a variety of grounds. His contention is that as the National Cadet Corps is not a constituent of the Armed Forces of the Union, the District Magistrate has no authority under the Defence of India Act to requisition the aforesaid house"for securing the defence of India and conduct of military operations." Learned counsel says that as the objects for which the requisition has been made are wholly illusory, the impugned orders are a result of colourable exercise of power by the District Magistrate and, as, such, are, unsustainable in law. The other contention raised by the learned counsel is that as the Notification 3/2/62-Poll (Spl)-II (G.S.R. No. 1716) dated December 13, 1962 has not been expressed in the name of the President of India, it is invalid being in violation of Art. 77 of the Constitution and thus there is no legal delegation by the Central Government in favour of th