M/S PUNJAB TIN SUPPLY CO.,CHANDIGARH ETC. ETC. versus THE CENTRAL GOVERNMENT & ORS.

M/S PUNJAB TIN SUPPLY CO.,CHANDIGARH ETC. ETC. versus THE CENTRAL GOVERNMENT & ORS.

Section 3 of the East Punjab Urban Rent Restriction Act, as extended and modified for Chandigarh, is not unconstitutional and does not suffer from excessive delegation nor is it discriminatory. The impugned notifications operate prospectively, granting exemption only to buildings receiving connections or being first occupied after January 31, 1973, not to buildings meeting those criteria prior to that date.

Parties
Petitioner: M/S Punjab Tin Supply Co., Chandigarh etc. etc.; Respondent: The Central Government & Ors.
Jurisdiction
India
Judgment Date
20 October 1983
Procedural Posture
Writ Petition Under Article 32 of Constitution of India / Final Disposal by Supreme Court
Outcome
Petitions dismissed
Legal Topics
Delegation of Legislative Power, Discrimination, Retrospectivity/prospectivity of Statutes, Rent Control, Interpretation of Statutes
Constitutional Law Administrative Law Landlord Tenant Law Delegation of Legislative Power Discrimination Retrospectivity/prospectivity of Statutes Rent Control Interpretation of Statutes

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Parties

M/S Punjab Tin Supply Co., Chandigarh etc. etc.

Petitioner

The Central Government & Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 of Constitution of India / Final Disposal by Supreme Court

Legal Issues

  1. 1 Validity of Section 3 of East Punjab Urban Rent Restriction Act, 1949 as modified by the Extension to Chandigarh Act, 1974
  2. 2 Validity of notifications dated January 31, 1973, September 24, 1973 and September 24, 1974 issued under Section 3 exempting certain buildings
  3. 3 Whether notifications operate prospectively or retrospectively

Ratio Decidendi

Section 3 of the East Punjab Urban Rent Restriction Act, as extended and modified for Chandigarh, is not unconstitutional and does not suffer from excessive delegation nor is it discriminatory. The impugned notifications operate prospectively, granting exemption only to buildings receiving connections or being first occupied after January 31, 1973, not to buildings meeting those criteria prior to that date.

Court Disposition

Petitions dismissed

Orders

  • Section 3 of the Act and notifications dated January 31, 1973, September 24, 1973, and September 24, 1974 are declared valid and effective.
  • Exemption applies only to buildings given sewerage/electric connection or occupied on or after January 31, 1973, not before.