Case: The State Of Bombay Vs. Ali Gulshan

this appeal, which has arisen out of a writ petition filed under Art. 226 of the Constitution by the respondent in the Bombay High Court to restrain the State of Bombay from taking such action.On the hearing of the petition before Tendolkar, J. the State succeeded on the ground that the purpose for which the requisition was made was a "public purpose" within the meaning of the Act. But, on appeal, it was held that though the requisition was for a public purpose, the requisition order was invalid, as the public purpose must be either a purpose of the Union, or a purpose of the State and in this particular case the accommodation being required for housing a member of a foreign Consular staff was a Union purpose, which was outside the scope of the powers of the State.

Reasoning: 4. The validity of the Act is not questioned as unconstitutional or us beyond the scope of the legislative competence of the State. As the premises were required for housing a member of the staff of a Consulate, there can be no doubt that it was wanted for a public purpose.5. The ultimate source of authority to requisition or acquire property is to be found in Art. 31 of the Constitution. The requisition or acquisition must be for a public purpose and there must be compensation. This Article applies with equal force to Union legislation and State legislation. Items 33 and 36 of List I and List II of the Seventh Schedule to the Constitution empowers respectively Parliament and the State Legislatures to enact laws with respect to them.With great respect, we are constrained to say that the ejusdem generis rule of construction, which found favour in the Court below for reaching the result that the words "any other public purpose" are restricted to a public purpose which is also a purpose of the State, has scarcely any application.Apart from the fact that the rule must be confined within narrow limits, and general or comprehensive words should received their full and natural meaning unless they are clearly restrictive in their intendment, it is requisite that there must be a distinct genus, which must comprise more than one species, before the rule can bethe words "any other public purpose, in the statute in question have been used only to mean a State purpose, they would become mere surplusage; Courts should lean against such a construction as far as possible.trade and commerce of the State which appoints him with the State in which he is located are his primary concern. The State of Bombay is Primarily interested in its own trade and commerce and in the efficient discharge of his duties by the foreign consul functioning within the State.We are inclined to regard the purpose for which the requisition was made in this case more as a State purpose than as a Unionany event, as already pointed out, "other public purpose" is a distinct category for which the State of Bombay can legislate, as the acquisition or requisitioning of property except for the purposes of the Union, is within its competence under item 36 of the State List.There is another way of looking at the question involved. An undertaking may have three different facets or aspects, and may serve the purpose of a State, the purpose of the Union and a general public purpose. Even if one may regard the requisition of a room for the accommodation of a member of a Consulate as one appertaining to a Union purpose, it does not necessarily cease to be a State purpose or a general public purpose. In this view also the requisition in this case must be held to have been validly made.