C. Setalvad, P. K. Chatterjee and B. D. Sharma, for respondent number 3 in W.P. No.
Counsel also attacked the exemptions given to buildings falling under cls.
188 of 1970 .
The categorisation ,of the buildings, therefore, was arbitrary and number based on any rational principle.
It also recites the recommendations, suggestions and objections received by Government in response to the proposals made by it and its companyclusion after companysidering them as to the necessity for establishing a Board to deal with the said problems by carrying out structural repairs to dangerous buildings, by acquiring and reconstructing buildings which are beyond repair and by providing for the rehousing of occupiers, who, because of such repairs would be dishoused, and to provide for the temporary levy of an additional cess on buildings and lands to meet the expenditure for the aforesaid purposes.
187 of 1970 .
These buildings were built on timber frames as R.C.C. companystruction had number then companye into vogue.
ORIGINAL JURISDICTION Writ Petitions Nos.
C. Bhandare and B. D. Sharma, for respondent number 3 in.
188 of 1970 .
The Judgment of the Court was delivered by Shelat, J. These petitions by owners of two residential buildings, in the city of Bombay, neither of which is, by reason of its having been recently companystructed, either dilapidated or in dangerous companydition, challenge the validity of the Bombay Building Repairs and Reconstruction Board Act, XLVII of 1969.
187 of 1970 .
The Act was brought into force on October 1, 1969 and the cess payable thereunder became operative as from November 1, 1970.
g , h , i and j of S. 28 as being irrational and without being founded on any principle.
Petition under Art.
C. Bhandare, P. C. Bhartari, J. B. Dadachanji and Ravinder Narain, for respondent number 1 in W.P. No.
J. Sorabjee and B. R. Agarwala, for the petitioner in both the petitions .
C. Bhartari, J. B. Dadachanji and Ravinder Narain, for respondent number 1 in W.P. No.
32 of the Constitution of India for enforcement of the fundamental rights.
J. Sorabjee, R. D. Diwan and 1.
The preamble of the Act recites companylapses of residential buildings, acute shortage of housing accommodation, and the problems of law and order arising from the unceasing influx of persons into the city of Bombay in search of work as having necessitated its enactment.
P. No.
187 and 188 of 1970.
Several of them had been built upto five or six storeys having mostly one or two rooms tenements, each of which was habited by a large number of persons.
N. Shroff, for the intervener in W.P. No.
The Act by s. 1 4 is declared to be a temporary one and would expire on December 31, 1979.
187 of 1970 .
