Mr. Justice Oak retired as Chief Justice of Allahabad High Court in the month of May, 1971.
The petitioner in the month of November, 1970 made an application to the District Magistrate under the U.P. Temporary Control of Rent and Eviction Act, 1947 hereinafter called the Eviction Act for release of the Beli Road premises in his favour after the same would be vacated by Mr. Justice Oak.
40,000.
The State Government on 6 May, 1971 further stayed all proceedings for allotment in respect of Beli Road premises.
Thirdly, it was said that the petitioner had a fundamental right to hold property and he was deprived of it without being heard and without being given an opportunity of redressing his grievances before the property was requisitioned.
The petitioner was the owner.
M. Tarkunde, K. L. Hathi and P. C. Kapur, for the peti tioner.
N. Dikshit and O. P. Rana, for respondents Nos.
244 of 1971.
It may be stated here that the Chief Justice of Allahabad had recommended the petitioners application for release of the accommodation.
The petitioner thereafter filed a representation under section 7 F of the Eviction Act against the order of refusal to release the accommodation.
This order is challenged on these grounds.
By an order dated 3 May, 1971 the District Magistrate rejected the application of the Petitioner.
According to The petitioner, the house also required reconstruction which would companyt approximately Rs.
On 8 July, 1971 the District Magistrate passed an order of requisition of the Beli Road premises.
The petitioner further alleged that the health of the members of the petitioners family suffered because of the companydition of the house.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by Ray, J. This is a writ petition challenging the order dated 11 July, 1971 made by the District Magistrate, Allahabad under section 3 of the U.P. Temporary Accommodation Requisition Act, 1947 hereinafter referred to as the Requisition Act whereby the petitioners premises 1 A Beli Road, Allahabad was requisitioned for the residence of Mr. Justice D. S. Mathur for a period of three years or earlier if the purpose is exhausted.
The petitioner was living at 101/108 Katra Bakhtiari, Allahabad.
Under article 32 of the Constitution of India for enforcement of the Fundamental Rights.
Prior to the impeached order the Beli Road premises had been in the occupation of Mr. Justice Oak of the Allahabad High Court since the year 1955 and prior thereto from the year 1950 when he was the District Judge, Allahabad.
The petitioner informed the Rent Controller and Eviction Officer, Allahabad that the Chief Justice of Allahabad had vacated the Beli Road premises and given possession thereof to the petitioner and the petitioner was in occupation of the same.
1 and 2.
After the Chief Justice of Allahabad vacated the premises in the month of May, 1971 he delivered possession to the petitioner who moved into the premises and was then in actual occupation of the Beli Road premises.
101/108 Katra Bakhtiari, Allahabad and so numberalternative accommodation shall have to be provided to him The petitioner owns premises 1 A Beli Road, Allahabad here inafter called the Beli Road premises.
First , numbernotice of enquiry was given to the petitioner number was any enquiry made whether suitable alternative accommodation existed for the needs of the petitioner.
The order further recited I am further satisfied that the said accommodation is number being occupied by any tenant and the owner who is said to be in possession of the same is living in his own house No.
That house is alleged to be situated in a very companygested area and is unhygienic because of its situation near a municipal drain.
Secondly, numberprovision was made for suitable alternative accommodation of the petitioner because the petitioner had stated that the accommodation at 101/108 Katra Bakhtiari was number fit for habitation and that is why the petitioners whole family was residing at 1 A, Beli Road, Allahabad.
The petitioner also gave an undertaking that he would vacate the other house 101/108 Katra Bakhtiari and the same companyld be allotted to any other person.
The application was under Rule 6 of the Rules under the Eviction Act.
It was made in view of the fact that the Chief Justice of Allahabad High Court would retire in the month of May, 1971.
