Case: Ahmedabad Municipal Corporation &amp; Others Vs. Ramanlal Govindram etc

19 (1) (f).19. The High Court also held that the notice embodying the order of eviction must furnish the reasons to the affected person.20. The decision of this Court in Hari Singh v. Military Estate Officer, (1973) 1 SCR 515 = (AIR 1972 SC 2205 ) is that where there is only one procedure for ejectment of persons in public premises there is no vice of discrimination. There is a bar of jurisdiction of courts of law in such cases. It is, therefore, only one procedure for these cases of eviction.21. The majority decision of this Court in Maganlal Chhagganlal (P) Ltd. v. Municipal Corporation of Greater Bombay, (1974) 2 SCC 402 = (AIR 1974 SC 2009 ) is that where the statute itself covers only a class of cases, the statute will not be bad on that ground. The feature that such cases are chosen by the statute to be tried under the special procedure laid down there will not affect the validity of the statute. The contention that the mere availability of two procedures will vitiate one of them i.e. the special procedure is not supported by reason or authority. In Maganlal Chhagganlals case (supra) this Court held that the fact that the legislature considered that the ordinary procedure is inefficient or ineffective in evicting unauthorised occupants of Government and Corporation property and provided a special procedure therefor is a clear guidance for the authorities charged with the duty of evicting unauthorised occupants. The correct law is now laid down in Maganlal Chhagganlals case (supra) and the view of this Court in the Northern India Caterers case (1967)1 SCR 399 ,- (AIR I967 SC 158l)(supra) does not hold the field. In Maganlal Chhagganlals case (supra) it has been held that a statute which deals with premises belonging to the Corporation and the Government and lays down a special speedy procedure in the matter of evicting unauthorised persons occupying them is a sufficient reason to support such special procedure. The policy and the purpose of the Act, make it clear that the legislature intended to make the statute applicable to a special class and provide a speedy method of recovering possession of these properties.22. On the ruling of this Court in Maganlal Chhagganlals case (1974) 2 SCC 402 = (AIR 1974 SC 2009 ) (supra) the conclusion of the High Court that Section 437A,offends Article 14 on the around that there is no clear guidance on the Municipal Commissioner to take proceedings is set aside. It may also be stated here that the respondents because of the decision of this Court in Maganlal Chhagganlals case (supra) did not support the conclusion of the High Court on the infraction of Article 14.23. The conclusion of the High Court that the provision in Section 437 A (I) is unreasonable because the Municipal Commissioner is in substance a party to the dispute is unacceptable. The conferment of power on the Municipal Commissioner as an Administrative Officer to take proceeding for eviction cannot be down as unreasonable on the struck ground that he is a judge in his own cause. He is the highest officer of the Corporation. The Corporation acts through these officers. There is no personal interest of the Municipal Commissioner in evicting these persons. The Corporation represents public interest. The Municipal Commissioner acts in aid of public duty in aid of public interest. The Municipal Commissioner will apply his mind to the facts and circumstances of a given case as to whether there should be an order for eviction. If the Municipal Commissioner will wrongly exercise his power the action will be corrected in appeal.24. The final contention on behalf of the respondents is that the provisions contained in Section 437-A of the Act which provide special procedure in respect, of eviction of unauthorised persons imposes unreasonable restrictions on the right of the respondents guaranteed under Article 19 (1) inasmuch as the restrictions contemplated therein by way of procedure for eviction are excessive. Excessiveness is contended to consist in the absence of power of the Municipal Commissioner to summon witnesses as in a civil court and the right of appeal being to the State Government instead of ordinary courts. Counsel on behalf of the respondents said that the two salutary safeguards, namely, providing an appeal to a court of law and conferring power on the Commissioner to summon, witnesses were found in Maganlal Chhagganlals case (1974) 2 SCC 402 = (AIR 1974 SC 2009 ) (supra) and were absent in the present case. It was therefore, said that the present case is distinguishable.25. The provisions in the sent case show that before an order is made against any person under Section 437A (1) the person concerned is to be given a reasonable opportunity to tender an explanation and to produce evidence. The absence of a special provision to compel summoning of witnesses does not make the Section unreasonable. As long as the son to be evicted is given the opportunity to produce evidence, there no element of unreasonableness.26.The fact that an appeal is provided to the State and not to a court of law also does not make the provision unreasonable. In many statutes like the Sea Customs Act, the Mining Act appeals are provided to the State Government. This is because of special character of things forming subject matter of these statutes. The State Government will employ persons who are equipped to deal with such matters. An appeal to the State Government will not indicate unreasonableness. If there is any abuse of justice or miscarriage of justice or violation of principles of natural justice the courts are always open to redress such grievances.27. The orders which were passed gave reason. The orders were not served. That should not happen. That indicates inefficiency. There is no infirmity in the orders. The authorities should serve -orders giving reasons for making the order.28. For these reasons we hold that the provisions contained in Sections 437A, 437D, 437E and 437F are not unconstitutional.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]22. On the ruling of this Court in Maganlal Chhagganlals case (1974) 2 SCC 402   = (AIR 1974 SC 2009  ) (supra) the conclusion of the High Court that Section 437A,offends Article 14 on the around that there is no clear guidance on the Municipal Commissioner to take proceedings is set aside. It may also be stated here that the respondents because of the decision of this Court in Maganlal Chhagganlals case (supra) did not support the conclusion of the High Court on the infraction of Article 14.23. The conclusion of the High Court that the provision in Section 437 A (I) is unreasonable because the Municipal Commissioner is in substance a party to the dispute is unacceptable. The conferment of power on the Municipal Commissioner as an Administrative Officer to take proceeding for eviction cannot be down as unreasonable on the struck ground that he is a judge in his own cause. He is the highest officer of the Corporation. The Corporation acts through these officers. There is no personal interest of the Municipal Commissioner in evicting these persons. The Corporation represents public interest. The Municipal Commissioner acts in aid of public duty in aid of public interest. The Municipal Commissioner will apply his mind to the facts and circumstances of a given case as to whether there should be an order for eviction. If the Municipal Commissioner will wrongly exercise his power the action will be corrected in appeal.The provisions in the sent case show that before an order is made against any person under Section 437A (1) the person concerned is to be given a reasonable opportunity to tender an explanation and to produce evidence. The absence of a special provision to compel summoning of witnesses does not make the Section unreasonable. As long as the son to be evicted is given the opportunity to produce evidence, there no element of unreasonableness.26.The fact that an appeal is provided to the State and not to a court of law also does not make the provision unreasonable. In many statutes like the Sea Customs Act, the Mining Act appeals are provided to the State Government. This is because of special character of things forming subject matter of these statutes. The State Government will employ persons who are equipped to deal with such matters. An appeal to the State Government will not indicate unreasonableness. If there is any abuse of justice or miscarriage of justice or violation of principles of natural justice the courts are always open to redress such grievances.27. The orders which were passed gave reason. The orders were not served. That should not happen. That indicates inefficiency. There is no infirmity in the orders. The authorities should serve -orders giving reasons for making the order.28. For these reasons we hold that the provisions contained in Sections 437A, 437D, 437E and 437F are not unconstitutional.