1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8430 OF 2008 ... Smt.Rama Balu @ Balayya Yadav ...Petitioner v/s State of Maharashtra & ors. ...Respondents ... Mr.V.Z.Kankaria i/b A.S.Pratinidhi for the Petitioner. Mr.S.R.Rajguru with Ms.S.V.Bharucha for Respopndent No.2. Mr.G.S.Godbole i/b S.K.Renghe for Respondents Nos.3A & 3B, 4 to 7. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:26th November, 2009 2 P.C.: 1. The Petitioner by this petition challenges the validity of the provision of the Part-IV of Schedule-1 of the Maharashtra Rent Control Act. 2. The relevant facts are that the house of the Petitioner is situated in Pune Cantonment. Because of the notification issued under Section 3 of the Cantonment (Extension of Rent Control Laws) Act No.46 of 1957 the provisions of the Bombay Rent Act were made applicable to the houses situated within the areas of the Pune Cantonment. By Section 58 of the Maharashtra Rent Control Act, the provisions of the Bombay Rent Act have been repealed. Therefore, normally by operation of Section 8 of the General Clauses 3 Act any reference to the provisions of Bombay Rent Act will have to be taken as reference to the provisions of the Maharashtra Rent Act. However, to remove such difficulties in Section 2(2) of the Maharashtra Rent Control Act, a specific provision is made that new Act will apply to the areas which were covered by the Bombay Rent Act. The submission of the Petitioner is that because there is no fresh notification issued under Section 3 of the Cantonment (Extension of Rent Control Laws) Act No.46 of 1957 making the provisions of Maharashtra Rent Act applicable to the Pune Cantonment, the provisions of Maharashtra Rent Act would not apply to the Pune Cantonment. 3. In our opinion, the submission is not well founded as the Bombay Rent Act was made applicable to the houses in the Pune 4 Cantonment, because of its repeal by the Maharashtra Rent Act and in view of the provisions of Section 8 of the General Clauses Act, the houses in the cantonment be governed now by the provisions of Maharashtra Rent Act. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (K.K.TATED, J.)