BABURAO SHANTARAM MORE versus THE BOMBAY HOUSING BOARD AND ANOTHER.

BABURAO SHANTARAM MORE versus THE BOMBAY HOUSING BOARD AND ANOTHER.

The exemption of the Bombay Housing Board and its tenants from the operation of the Bombay Rent Act does not offend Article 14 of the Constitution, as the Board is not similarly situated as profit-making bodies or co-operative societies and is established for a public purpose. There is a rational basis for the classification, and therefore the statutory provisions are not ultra vires the Constitution.

Parties
Petitioner: Baburao Shantaram More; Respondent: The Bombay Housing Board; Respondent: Another (unnamed)
Jurisdiction
India
Judgment Date
18 December 1953
Procedural Posture
Petition Under Article 32 and Special Leave Petition / Final Judgment on Merits by Supreme Court
Outcome
Petitions dismissed with costs
Legal Topics
Article 14 of the Constitution, Ultra Vires of Amending Acts, Validity of Statutory Exemption From Rent Control
Constitutional Law Property Law Housing Law Article 14 of the Constitution Ultra Vires of Amending Acts Validity of Statutory Exemption From Rent Control

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Parties

Baburao Shantaram More

Petitioner

The Bombay Housing Board

Respondent

Another (unnamed)

Respondent

Procedural Posture

Petition Under Article 32 and Special Leave Petition / Final Judgment on Merits by Supreme Court

Legal Issues

  1. 1 Whether section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and section 3-A of the Bombay Housing Board Act, as amended, are ultra vires Article 14 of the Constitution

Ratio Decidendi

The exemption of the Bombay Housing Board and its tenants from the operation of the Bombay Rent Act does not offend Article 14 of the Constitution, as the Board is not similarly situated as profit-making bodies or co-operative societies and is established for a public purpose. There is a rational basis for the classification, and therefore the statutory provisions are not ultra vires the Constitution.

Court Disposition

Petitions dismissed with costs

Orders

  • Petitioner must pay one set of costs of the application under Article 32