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2012 Supreme(SC) 453

D.K.JAIN, ANIL R.DAVE
DELHI RACE CLUB LTD. – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

D.K. Jain, J.-This is an appeal from a judgment, dated 5th February, 2003, rendered by the High Court of Delhi at New Delhi in CWP No.2278/2002. By the impugned judgment, the High Court has upheld the validity of the Delhi Race Course Licensing (Amendment) Rules, 2001.

2. On 19th October, 1984, the Central Government in exercise of its powers under Section 2 of the Union Territories (Laws) Act, 1950, extended the Mysore Race Courses Licensing Act, 1952 (for short “the Act”) to the Union Territory of Delhi, as it existed then, with certain amendments. The Preamble to the said Act reads thus:

“Whereas it is expedient to make provision for the licensing regulation, control and management of horse-racing on race-course and all matters connected therewith in the Union Territory of Delhi”

Further, Section 3 of the Act reads as follows:

“3. Prohibition of horse-racing on unlicensed race-courses- No horse- race shall be held save on a race course for which a licence for horse racing granted in accordance with the provisions of this Act, is in force.”

Section 4 which lays down the procedure for issuing the licences for horse racing reads as follows:

“4. Licences for horse-racing-














































































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