1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1142 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. 2 Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. Dhanrajmal Gobindram, carrying on his business on portion of the Maneckji Wadia Bldg., 1st floor, Bell Lane, Fort, Bombay-400023. ..Respondents. WITH WRIT PETITION NO. 1143 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Mahrashtra. 3. G.P.Goswami, carrying on his business on portion of the Maneckji Wadia Building, 4 1st floor, Bell Lane,Fort, Bombay-400 023. ....Respondents. ........ WITH WRIT PETITION NO.1144 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. 5 Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. M/s. Widya Wikas Films, carrying on his business on portion of the Maneckji Wadia Bldg., 4th floor, Bell Lane, Fort, Bombay-400023. ..Respondents. ......... WITH WRIT PETITION NO. 1145 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 6 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. M.H.Gandhy and Sons, carrying on his business on portion of the Maneckji Wadia Bldg., 1st floor, 7 Bell Lane, Fort, Bombay-400023. ..Respondents. ........ WITH WRIT PETITION NO. 1146 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, 8 Near Colaba Bus Station, Bombay-400 005. ...Petitioners. Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. Dhirajlal Jivanlal Parikh, Since deceased represented by his legal heirs and representatives. 3a. Mrs.Asha Mehta (daughter) residing at Ben Nevis, 5th floor, B.D. Road, Mumbai-400 032. 3b. Mrs. Sudha Bhansali (daughter) and 3c. Ms. Tejal Parekh (daughter) Both residing at 22, Zenia Abad, Little Gibbs Road, Malabar Hill, Mumbai-400 026. 3d. Mr. Pradeep Parkeh (son) residing at 35, Ocean Crest, Bhulabhai Desai road, Mumbai-400 026. 3e. Mr.Atul Parekh (son), residing at 22, Zenia Abad, Little Gibbs Road, Malabar Hill, 9 Mumbai-400 026. ...Respondents. .......... WITH WRIT PETITION NO. 1147 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. 10 Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. A. Wasanth & Co. carrying on his business on portion of the Maneckji Wadia Building, 1st floor, Bell Lane,Fort, Bombay  400 023. ...Respondents. ........ WITH WRIT PETITION NO. 1150 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 11 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3 N.D. Karnick & Co. carrying on his business on portion of the Maneckji Wadia Building, 1st floor, Bell Lane, Fort, 12 Bombay- 400 023. ...Respondents. ......... WITH WRIT PETITION NO. 1152 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. 13 Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. Indian Youth Magazine carrying on his business on portion of the Maneckji Wadia Building, 1st floor, Bell Line, Fort, Bombay-400 023. ....Respondents. ...... WITH WRIT PETITION NO. 1153 OF 1990 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 026. 14 3. Ratanji Nowroji Bhavanagari of Bombay, Indian Inhabitant, Resingind at Everest House, M.L.Dhanukar Marg, Bombay  400026. 4. Sarob Homasji Commissiriat of Bombay, Indian inhabitant, residing at Slymose 3, M.L. Dhanukar Marg, Bombay -400 026. 5. Sam Framroze Joshi of Bombay, Indian Inhabitant, residing at 3, A Karai Estate 248, Tardeo road, Bombay-400 034. 6. Jamshed Khurshedji Setna of Bombay, Indian inhabitant,Ingersolirand (I) Ltd., Maybaker House, S.K. Phire Marg,Bombay-25. 7. Burjor Hormusji Anita of Bombay, Indian Inhabitant, residing at Ocean view, Near Colaba Bus Station, Bombay-400 005. ...Petitioners. Vs. 1. The Accommodation Officer, in the office of the Controller of Accommodation, having his office at New Administrative building, Opp. Mantralaya, Bombay-400 032. 1A. Collector of Bombay, Old Custom House, Fort, Bombay. 1B. Union of India. 2. The State of Maharashtra. 3. Democratic Research Service having their office on portion of the Maneckji Wadia Building, 15 4th floor, Bell Line, Fort, Bombay-400 023. ....Respondents. ........ WITH WRIT PETITION NO. 2421 OF 1992 1. Prime Properties Pvt. Ltd. A Private Limited Company incorporated and registered under the Companies Act, 1956, having its office at 111, Maker Chamber No.IV, Nariman Point, Bombay-400021. 2. Sharadchandra Vrajlal Bhansali of Bombay, Indian Inhabitant, residing at 142-A, A Director of the 1st Petitioner Company and Residing at Paschim Apartment, Kashinath Dhru Marg, Dadar(w), Bombay -400 028. ....Petitioner. Vs. 1. The State of Maharashtra. 2. The Controller of Accommodation having his office at 1st floor, New Administrative bldg. Opp. Mantralaya, Bombay-400 032. 3. The Collector of Bombay, having his office at Old Custom House, Fort, Bombay 400 001. 16 4. The Union of India. 5. M/s. Spectrum Business and Communication Centre through its Sole Prop. Mr. Pratap Bhavnani carrying on business at 1st floor, Maneckji Wadia Bldg. 127, M.G.Road, Fort, Bombay 400 023. ....Respondents. ........ WITH WRIT PETITION NO.2454 OF 1994 1. A Wasant & Company, belonging to Mr.Vasant Shantaram Ajgaonkar, having its office at Maneckji Wadia Bldg., 1st floor, Nanikram Motawani Lane, 127, M.G. Road,Fort, Bombay- 400 023. 2. Mr. Vasant Shantaram Ajgaonkar, Prop. Of the Firm A Wasant & Company , having his office at Maneckji Wadia Building, Nanikram Motwani Lane, 127, M.G.Road, Fort, Bombay by his Constituted Attorney Mrs. Jaya @ Manisha Kamal Vazirani. ....Petitioners. Vs. 1. State of Maharashtra, having Principal office at Mantralaya, 17 Bombay. 2. The Controller of Accommodation in the office of the Controller of Accom odation at New Administrative Building, Opp. Sachivalaya, Bombay. 3. M/s. Prime Properties Pvt. Ltd. Company incorporated and registered under the Companies Act, 1956 having its office at Maker Chamber No.IV, Nariman Point, Bombay- 400 021. ....Respondents. ........... Mr. Oven Mensnzes with Ms.Swati Dahibawkar i/by Sanjiv Ahuja for the Petitioners in all the petitions except W.P.No.2454/1994. Mr. B.B.Madekar with Sachin Kudalkar for the Respondent No.4 in W.P. No.1142/1990, 1145/1990, 1147/1990, 2421/1992. Mr. Siraj Rusumji with Manish Saurashtree i/by Shantilal & Co. for the Respondent No.3 in W.P.No. 1143/1990. Mr.Siraj Rustumji with Arcon Balsara with F.B. Kamdin i/by FZB Associates for the Respondent No.3A to 3E in Writ Petition No.1146/1990. Mr.G.K.Mouand with B.B.Madekar for the Respondent No.3 in W.P. No.1152/1990 Mrs. Asgavkar for the Petitioner in W.P. No. 2454/1994. 18 Mr. Rajiv Y. Mane, AGP. For the State in all the petitions. CORAM : D.K.DESHMUKH & R.S.MOHITE, JJ. DATE : Reserved on 20th April,2009 Declared on 9th July, 2009 JUDGMENT : ( Per R.S.Mohite,J.) 1. Since all the aforesaid writ petitions involve the same or similar issues, they are disposed off by this common Judgment and order. 2. The brief matrix of the relevant facts and law, in cronological order are as follows. a) On 1.9.1939, Germany invaded Poland. Two days later, Great Britain and France declared war on Germany. The IInd World War had begun. The Governor General declared a proclamation of emergency under Section 102 of the Government of India Act, 1935. On 29.9.1939, British Parliament enacted the Defence of India Act 1939, interalia in order to 19 provide for special measures to ensure public safety, interest and the Defence of British India. b) Section-2 of the Defence of India Act enabled the Central Government to make rules interalia for requisitioning of property. Accordingly, in 1939, the Central Government framed the Defence of India Rules,1939 (Hereinafter referred to as the rules .)Rule 75A of the rules pertained to requisitioning of property and Rule 75-A(1) which is relevant for our purpose was in the following terms. Rule-75-A (1)- If in the opinion of the Central Government or the Provincial Government it is necessary or expedient so to do for securing the defence of British India, Public safety, the maintenance of public order or efficient prosecution of war, or for maintaining, supplies and services essential to the life of the community, that Government may, by order in writing, requisition any property, movable or 20 immovable, and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning . c) On 20-9-1046, a public charitable trust by name N.M.Wadia Charities (Hereinafter referred to as the trust . was the owner of a building known as the Manekji Wadia Building situated at 127, Mahatma Gandhi Road, Fort, Bombay-1 (Hereinafter referred to as the building . d) By an order dated 20.9.1946, the Collector of Bombay, in exercise of powers conferred upon him by sub rule (1) of Rule 75-A of the Defence of India Rules read with a Notification of the Government of India, Defence Co-ordination Department dated 25.4.1942, for a declared purpose of maintaining supplies essential to the life of the community, requisitioned the eastern half of the first, fourth and fifth floors and the whole of the third floor of the said building and directed that the 21 possession of the said building be delivered to the A.D. Lands Hiring and Disposal Services. The order mentioned that the requisitioned property would be continued in requisition during the period of the war and six months thereafter or any such shorter period as may be specified by the A.D. Lands Hiring and Disposal Services. The record indicates that the requisition was for a Union purpose i.e. for the use by the Defence Ministry of the Government of India. e) The Defence of India Act 1939 and the rules framed thereunder were to expire on 30.9.1946. A question arose as to what was to be the status of land/premises requisitioned under the Act and the Rules. To address this question, in 1946, the Governor General promulgated the Requisitioned Land (Continuance of Powers)Ordinance 1946 (Hereinafter referred to as the 1946 Ordinance , which was brought into force with effect from 1.10.1946. Clause-3 of the 1946 22 Ordinance dealt with the continuance of requisitions made under the Act and the Rules, notwithstanding their expiry and was in the following terms. 3-Continuance of Requisition- Notwithstanding the expiration of the Defence of India Act, 1939 (XXXV of 1939),and the rules made thereunder, all requisitioned land shall continue to be subject to requisition until the expiry of this Ordinance and the appropriate Government may use or deal with any requisitioned land in such manner as may appear to it to be expedient; . Clause-4 of the 1946 Ordinance dealt with release from requisition and clause 4(1) was in the following terms. 4-(1) Release from requisition-(1) Where any requisitioned land is to be released from requisition, the appropriate Government may, after 23 making such enquiry, if any, as it considers necessary, specify by order in writing the person to whom possession of the land shall be given. f) The Ordinance was replaced by the Requisitioned land (Continuance of Powers) Act 1947 (Hereinafter referred to as ( the 1947 Act ) and Section 3 of the 1947 Act provided for continuation of the requisitions made under the Act and the rules in the following terms. . (3) Notwithstanding the expiration of the Defence of India Act, 1939 (XXXV of 1939), expires, and the rules made thereunder, all requisitioned land shall contiue to be subject to requisition until the expiry of this Ordinance and the appropriate Government may use or deal with any requisitioned land in such manner as may appear to it to be expedient; Provided that the appropriate Government may at 24 any time release from requisition any requisitioned land. . Section-4 of the 1947 Act dealt with release from requisition. Section 4(1) was in the following terms. . 4(1) Where any requisitioned land is to be released from requisition, the appropriate Government may, after making such inquiry, if any, as it considers necessary, specify by order in writing the person to whom possession of the land shall be given. . As the 1947 Act was enacted by the Indian Legislature under Section 3 of the India (Central Government & Legislature) Act 1946, Section 1(3) thereof provided that it would cease to have effect on the expiration of the period mentioned in Section 4 of the India (Central Government & Legislature) Act 1946. It was scheduled to expire 25 on 31.3.1952. g) By a letter dated 7-8-1950 issued by the Estate Manager, the Government of India Estates Bombay to the Controller of Accommodation, Government of Bombay, it was recorded that the vacant premises in the building, in charge of the Central Government was to be taken over by the Controller of Accommodation. The letter mentioned that the Defence Department was being requested to settle the terminal compensation directly with the owners. h) By a further letter dated 9-9-1950 issued by the Area Lands Hiring and Disposal Department, Bombay addressed to the Secretary of the trust, the trust was informed that the premises requisitioned by the Defence Ministry and transferred to the Estate Manager, Government of India Estates, Bombay, was now occupied by the Provincial Government. The letter mentioned that the Controller of Accommodation desired that the 26 compensation paying during the occupation of the premises by the Defence Ministry should be paid directly to the trust. i) On 22-9-1950, the Estate Manager of the Government of India Estates addressed a letter to the trustees of the trust informing them that the requisitioned premises had been handed over to the Controller of Accommodation, Bombay on 7-8-1950. The letter mentioned that till the said date, the office of the Government of India Estates was responsible for payment of rent. The trustees were therefore, requested to send the rent receipts up to 7-8-1950 and to deal with the controller of accommodation for further payment after the said date. j) On 4-12-1950, the Controller of Accommodation, Bombay addressed a letter to M/s. Dhanraj Gobindram (Respondent No.3 in W.P. No.1142 of 1990) allotting an area of 750 sq. ft. on the first floor of the 27 building. The letter indicated that M/s. Dhanraj Gobindram were then occupying the premises in Menka building. The record indicates that these premises were required for being allotted to an educational trust and in the circumstances, M/s.Dhanraj Gobindram were directed to handover the possession of the premises then occupied by them at Menka building and to intimate the date on which they would occupy the allotted premises in Manekji Wadia building. A copy of this letter was addressed to the Manager of the trust. k) The record indicates that similar allotment letters were also issued to other persons who are arrayed as Respondent No.3 in Writ Petition Nos. 1143 of 1990 to Writ Petition No.1153 of 1990.These allotment orders were as follows. . i) Allotment order dated 20.2.1951 in favour of Respondent No.3 in Writ petition No.1143 of 1990 i.e. G.P. Goswami. 28 . ii) Allotment order dated 24.3.1951 in favour of Respondent No.3 in Writ Petition No.1144 of 1990 i.e. M/s. Widya Wikas Films. . iii) Allotment order dated 29.1.1951 in favour of Respondent No.3 in Writ Petition No.1145 of 1999 i.e. M.H. Gandhy and Sons. . iv) Allotment order dated 24.3.1951 in favour of Respondent No.3 in Writ Petition No.1146 of1990 i.e. Dhirajlal Jivanlal Parikh. . v) Allotment order dated 5.10.1950 in favour of Respondent No.3 in Writ Petition No.1147 of 1990 i.e. A.Wasanth & Co. . vi) Allotment order dated 20.2.1951 in favour of Respondent No.3 in Writ Petition No.1150 of 1990 i.e. N.D. Karnick & Co. 29 . vii)Allotment order dated 20.2.1951 in favour of Respondent No.3 in Writ Petition No.1152 of 1990 i.e. Indian Youth Magazine. . viii) Allotment order dated 11.10.1950 in favour of Respondent No.3 in Writ Petition No.1153 of 1990 i.e. Democratic Research Service. . All the aforesaid persons who were issued allotment letters will hereinafter be referred to as the allottees . . The record further indicates that after allotment such in their favour, the allottees paid what they termed as monthly rent in their forwarding letters directly to the trustees and the trustees accepted this amount and issued receipts. Some of such receipts are produced on record and the rent was accepted as statutory rent . l. On 21.3.1951, Parliament enacted the 30 Requisitioned Land (Continuance of Powers) Amendment Act, 1951 (hereinafter referred to as the 1951 Act . By Section 2 of this Act, Parliament amended Section 1 of the 1947 Act .Section 2 of the 1951 Act was in the following terms. . 2.Amendment of Section 1,