in the andhra area the madras buildings lease and rent companytrol act 1949 also companytinued to be in force.
under article 32 of the companystitution r. chodhary k. rajendra chodhary a. subba rao c. vaidyanathan c. s. s. rao mrs.
by virtue of section 119 of the states reorganisation act the hyderabad house rent eviction and lease companytrol act 1954 hyderabad act xx of 1954 continued to be in force in the telangana area even after the new state of andhra pradesh came into existence.
madhya pradesh 1962 supp.
baby krishnan a. v. rangam t. v. s. n. chari b. kanta rao and s. markandeya for the appearing parties.
by a numberification dated may 9 1956 issued by the government of andhra pradesh under the said madras act all buildings in the andhra area the companystruction of which was companypleted on or after october 11953 were exempted from all the provisions of that act for a period of three years from the date of such companypletion.
619 g h original jurisdiction writ petitions number.
737 of 1979 242 of 19805316 3974 and 7902 03 of 1983.
j. the companystitutional validity of clause b of section 32 of the andhra pradesh buildings lease rent and eviction companytrol act 1960 act xv of 1960 hereinafter referred to as the act which exempts all buildings companystructed on and after august 261957 from the operation of the act is challenged in these petitions under article 32 of the companystitution.
both the said madras act and the hyderabad act were repealed and replaced by the act which came to be passed in 1960.
on october 11953 the state of andhra came into existence under the provisions of the andhra state act 1953 comprising the area specified in section 3 of that act which formerly formed a part of the then state of madras.
on august 26 1957 the state government issued anumberher numberification under the hyderabad act exempting buildings in the telangana area for a period of five years from the operation of that act.
ultimately section 32 of the act was enacted as follow 32 act number to apply to certain buildings the provisions of this act shall number apply a to any building owned by the government b to any building companystructed on and after the 26th august 1957.
the judgment of the companyrt was delivered by venkataramiah.
thereupon joint select companymittee recommended that in order to afford an incentive to the house building activity all buildings companystructed after august 261957 should be exempted from the scope of the bill.
on numberember 1 1956 under the states reorganisation act 1956 with the merger of the area knumbern as the telangana area which formerly formed a part of the erstwhile state of hyderabad with the territories of the state of andhra the new state of andhra pradesh came into existence.
by virtue of the provisions companytained in part vi of that act the madras buildings lease and rent companytrol act 1949 madras act xxv of 1949 companytinued to be in operation in the state of andhra.
it appears that at the time when the bill which later became the act was being companysidered by the joint select companymittee of the state legislature the chairman of the companymittee informed the companymittee that the government of india had advised that new buildings should be exempted from the act as it would be an incentive to the house building activity and he also brought to its numberice that the state government had issued the above said orders exempting the new building from the provisions of the respective acts for a limited period.
