H.D. VORA versus STATE OF MAHARASHTRA & ORS.

H.D. VORA versus STATE OF MAHARASHTRA & ORS.

The power of requisition is of a temporary nature and cannot, under any circumstances, be continued for an unreasonably long period such as thirty years. Even if valid when made, the order of requisition ceased to be valid and effective after expiration of a reasonable period. Since there was no sufficient material to establish a continuing public purpose, the authorities were bound to de-requisition the flat and evict the appellant.

Parties
Appellant: H.D. Vora; Respondents: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
22 February 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 20th October 1983 of the Bombay High Court in Writ Appeal No. 779 of 1983
Outcome
Appeal dismissed.
Legal Topics
Requisition and Acquisition of Property, Public Purpose, Duration of Requisition, Judicial Review of Administrative Action, Writ Petitions
Constitutional Law Administrative Law Property Law Requisition and Acquisition of Property Public Purpose Duration of Requisition Judicial Review of Administrative Action Writ Petitions

Case Brief

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Parties

H.D. Vora

Appellant

State of Maharashtra & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 20th October 1983 of the Bombay High Court in Writ Appeal No. 779 of 1983

Legal Issues

  1. 1 Whether an order of requisition of premises can be continued for an indefinite period or must necessarily be of temporary duration
  2. 2 Whether the writ petition challenging the order of requisition after over thirty years was maintainable
  3. 3 Whether payment of rent by the appellant to the owner created a direct tenancy extinguishing the requisition order

Ratio Decidendi

The power of requisition is of a temporary nature and cannot, under any circumstances, be continued for an unreasonably long period such as thirty years. Even if valid when made, the order of requisition ceased to be valid and effective after expiration of a reasonable period. Since there was no sufficient material to establish a continuing public purpose, the authorities were bound to de-requisition the flat and evict the appellant.

Court Disposition

Appeal dismissed.

Orders

  • Writ petition allowed; State Government and Controller of Accommodation directed to de-requisition the flat, take steps to evict the appellant, and hand over vacant possession to the 3rd respondent.
  • Appellant not to be evicted until 28th February 1985, provided he files an undertaking to vacate and hand over possession by that date.