(1) and they can broadly be said to rest on the police powers of the State. On Letters Patent Appeal a Division Bench of that Court set aside that order on the ground that the Appellate Tribunal had taken into consi- deration the following two irrelevant considerations: (i) the appellant’s claim should suffer because of the punishment for his past misconduct, and (ii) the -third respondent being a small operator, he would be entitled to better Consideration than the appellant who was a monopolist.
827 Appellate Tribunal found that he had such facilities. On appeal, this court followed the decision in M/s. This decision accepts two propositions, namely, (1) misconstruction or even disregard of the instructions, given by the Government does not confer a right upon an aggrieved party to file a writ, for the said instructions are only administrative directions, and (2) the decision implies that if the Tribunal decides on irrelevant considerations, the Court can issue a writ.
There was one fact particularly within the knowledge of the tenant and it was that he had withdrawn the amount on January 19, 1957, and he was in default even before the judgment of the court of first instance was given on February 26, 1957. This fact was, however, not proved on the record of the case. , but dismiss the petition on the ground that, as the said instructions are Only executive directions, their contravention did not confer any right on the parties before the tribunal.
It is, however, a very different matter when we come to proceedings in this Court. 31 (2) was amended by the Constitution (Fourth Amendment) Act, 1955, the position with regard to the scope and effect of the provisions of 615 Art. Article 31 (2) deals with the compulsory acquisition or requisition of a citizen’s property and it provides that a citizen’s property can be compulsorily acquired or requisitioned only for a public purpose and by authority of law which provides for compensation and either fixes the amount of the compensation or specifies the principles on which and the manner in -which, the compensation is to be determined and given; and it adds that no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate.
‘ This allegation was supported by the usual affidavit which stated that the facts Best Civil Lawyers in Chandigarh High Court the petition were true Chandigarh High Court Revenue Lawyers and that the petition concealed nothing. The State of Madras (1) and Abdullah Rowther v. (2), at such percentages of the annual value of buildings or lands as may be fixed by the municipal council. “The petitioner submits that the Chandigarh High Court Civil Advocates Court was correct in coming to the conclusion that as there was nothing on record to show that the petitioner had withdrawn the sum of Rs.
the Government issued only administrative directions and that the failure of the transport authorities to follow them would not entitle the respondents to a writ. In the result this Court allowed the appeal. At the forefront of this petition, he had mentioned the fact that the High Court having held that there was no proof of the withdrawal of the amount by the tenant or that the petitioner was Revenue Advocates in Chandigarh arrears. 31 (1) and 31 (2) is no longer in doubt.
81 (1); it is to be levied, by its sub-s. The State Transport Appellate Tribunal (2) and held that under the said G. In other words, the power to make a compulsory acquisition or requisition of a citizen’s property provided for by Art. If, on the other hand, the transfer of the ownership or the right to possession of any property is not made to the State or to a corporation owned or controlled by the State, it would not be regarded as compulsory acquisition or requisition of the property, notwithstanding that it does deprive any person of his property.
As regards the two reasons given by the High Court, this Court came to the conclusion that they were not irrelevant considerations, but were considerations germane in the matter of issue of permits. 31 (2A) which is expressed in a negative form really amounts to this that where a law provides for the transfer of the ownership or right to possession of any property to the State or to a corporation owned or controlled by the State, it shall be deemed to provide for the compulsory acquisition or requisition of property.
The appellant filed a writ in the High Court and the learned single judge thought that some mistakes had been committed by the Appellate Tribunal in the allotment of marks and that it acted in contravention of the directions given by the Government under the said G. Strictly 493 speaking, the facts were as they were pleaded in the petition, but there was more. should have exercised the discretion, which the High Court held was possessed by it, in his favour.
The tenant was seeking special leave against the order of the High Court. The Madras District Municipalities Act, (No. It was, however, mentioned Revenue Advocates in Chandigarh the judgment of the appeal court. 31(2) is what the American Revenue Lawyers Chandigarh High Court described as “eminent domain” all other cases where a citizen is deprived of his property are covered by Art. Whether the High Court was right in a case of this kind to go by the record, or in view of what the appeal court below had said, might have called for an affidavit, it is not necessary to decide and I express no opinion about it.
400/deposited by him in the earlier appeal, the petitioner was not in arrears of rent and had paid the costs at the date of the judgment. But in that case it came to the conclusion that no such irrelevant considerations weighed with the Tribunal. In the petition for special leave, no reference to this fact was made. V of 1920) imposes a property tax by s.