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PETITIONER: THE STATE OF BOMBAY
Vs.
RESPONDENT: R. S. NANJI.
DATE OF JUDGMENT: 17/01/1956
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. SINHA, BHUVNESHWAR P.
CITATION: 1956 AIR 294 1956 SCR 18
ACT: Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948), s. 5 (1)-Requisition of premises by Bombay Government for housing an officer of State Road Transport Corporation- Whether for a public purpose-Expression ’public purpose’- Meaninq of Road Transport Corporation Act, 1950 (Parliament Act LXIV of 1960), S. 19(1)(c)-Corporation empowered to provide living accommodation for its employees-Premises requisitionedfor Corporation-Whether for a public purpose.
HEADNOTE: In exercise of the powers conferred by sub-section (1) of s. 5 of the Bombay Land Requisition Act, 1948 the Government of Bombay requisitioned by an order dated 12th May 1952, the premises specified therein, for a public purpose, namely, for bousiing an officer of the State Road Transport Corporation which is a public utility service. On a writ application under Art. 226 of the Constitution filed by the respondent the requisition order was set aside by the Bombay High Court on the ground that the requisition was not for a public purpose and therefore could not have been made under s. 5 of the Requisition Act. On appeal by...