Judgment

RAY, C. J.: These 23 appeals by certificate challenge the validity of Section 437A of the Bombay Provincial Municipal Corporation (Gujarat Amendment). Act, 1963 hereinafter referred to as the Act.

2. The High Court held that Sections 437A, 437-D, 437F of the Act in so far as they relate to an order made under Section 437-A of the Act are ultra vires Art. 19 (1) (f) of the Constitution and Section 437-A (1) and (2) is ultra vires Article 14. Section 437-A (1) of the Act speaks of the order of eviction. Section 437A (2) of the Act speaks of service of notice before the order is passed. Section 437D of the Act speaks of appeals. Section 437E of the Act bars jurisdiction of the Court to question these orders. Section 437F of the Act states that these provisions. are in addition to Sections 60 and 438 of the Act.

3. Section 437-A (1) of the Act in short states that if the Commissioner is satisfied (a) that the person authorised to occupy any premises belonging to the Corporation as a tenant or otherwise has, whether before or after the commencement of the Bombay Provincial Municipal Corporation (Gujarat Amendment) Act, 1963 (i) not paid any rent lawfully due from him in respect of such premises for a period of more than two months, or (ii) sub-let, without the permission of the Corporation the whole or any part of such premises, or (iii) otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises, or (b) that any person is in unauthorised occupation of any Municipal premises, the Commissioner may, notwithstanding anything contained in any law for the time being in force by notice served as mentioned in the Section order that such a person shall vacate them within one month of the date of the service of the notice.

4. Sub-section (2) of Sec. 437A of the Act further provides that before an order under sub-section (1) is made against any person the Commissioner shall inform the person by notice in writing of the grounds for which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice.

5. The other provisions in Section 437A of the Act are these. The Commissioner may before an order is made under sub-section (1) grant an extension of the period as to payment and recovery of the amount claimed. If any person refuses or fails to comply with an order made the Commissioner may evict that person from and take possession of, the premises and may for that purpose use such force as may be necessary. If a person, who has been ordered to vacate any premises under sub-clause (i) or (iii) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the Commissioner may allow, pays to the Corporation the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Commissioner, the Commissioner shall in lieu of evicting such person under sub-section (3) cancel its order made under subsection (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

6. The expression unauthorised occupation is explained in S. 437A of the Act in relation to any person authorised to occupy any Municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined.

7. Section 437-D speaks of appeal against any order of the Commissioner under Section 437-A or Section 437.B. Section 437 B speaks of power, to recover rent or damages as arrears of land revenue. Appeals. are preferred to the State Government. Section 437-E bars the jurisdiction of civil Courts in respect of orders made by the Stat