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1953 (12) TMI 26 - SC - Indian Laws

Issues:
1. Interpretation of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
2. Exemption of premises belonging to a local authority from the Bombay Rent Act.
3. Constitutionality of section 4 of the Bombay Rent Act.
4. Impact of the Bombay Housing Board Act (Amendment) on the exemption.
5. Equal protection clause under Article 14 of the Constitution.

Interpretation of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947:
The case involved a petitioner occupying rooms in a camp owned by the Government of India and later managed by the Bombay Provincial Housing Board. The petitioner contested a notice to vacate served by the Board due to rent disputes. The petitioner argued protection under the Bombay Rent Act, while the Board claimed exemption under section 4 of the Act. The petitioner further contended that the Board was not a local authority, challenging the application of the Act to the Board's premises.

Exemption of premises belonging to a local authority from the Bombay Rent Act:
The primary contention revolved around the exemption granted to premises belonging to the Government or a local authority under section 4 of the Bombay Rent Act. The Board claimed exemption as a local authority, while the petitioner disputed the classification of the Board as a local authority, thus questioning the applicability of the exemption clause to the Board's premises.

Constitutionality of section 4 of the Bombay Rent Act:
The petitioner raised concerns about the constitutionality of section 4 of the Bombay Rent Act, alleging that it violated the equal protection clause of the Constitution. The argument focused on the differential treatment of tenants of the Board compared to tenants of Cooperative Housing Societies, highlighting alleged discrimination in the application of the Act.

Impact of the Bombay Housing Board Act (Amendment) on the exemption:
The case also examined the effect of the Bombay Housing Board Act (Amendment) on the exemption status of the Board under the Bombay Rent Act. Section 3-A of the Amendment Act extended the exemption to the Board's lands and buildings retrospectively, leading to a legal dispute regarding the validity and implications of this extension.

Equal protection clause under Article 14 of the Constitution:
A significant aspect of the judgment involved analyzing whether the exemption granted to the Board under the Bombay Rent Act infringed upon the fundamental right to equality under Article 14 of the Constitution. The Court deliberated on the rationality of the classification made in the Act, considering the objectives of the legislation and the unique position of the Board as a government-sponsored entity dedicated to addressing housing shortages.

In conclusion, the Supreme Court dismissed the petitioner's applications, upholding the exemption of the Board's premises from the Bombay Rent Act. The Court found no constitutional violation in the differential treatment of tenants under section 4 of the Act, emphasizing the distinct nature of the Board's operations compared to Cooperative Housing Societies. The judgment affirmed the legality of the exemption and the constitutionality of the relevant provisions, thereby settling the dispute regarding the applicability of the Bombay Rent Act to the Board's properties.

 

 

 

 

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