TMI Blog1955 (10) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... member of the staff of a foreign consulate ?, is the question we have to consider in this appeal, which has arisen out of a writ petition filed under article 226 of the Constitution by the respondent in the Bombay High Court to restrain the State of Bombay from taking such action. On the bearing 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 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statute, as the words any other purpose in the particular context should be read ejusdem generis with the purpose of the State . The provision of accommodation for a member of the foreian consulate staff is a purpose of the Union and not a purpose of the State . We are unable to uphold this view as regards both the standpoints. Item 33 in the Union Legislative List (List I)refers to acquisition or requisitioning of property for the purposes of the Union . Item 36 in the State List (List II) relates to acquisition or requisitioning of property, except for the purposes of the Union, subject to the provisions of entry 42 of List III . Item 42 of the Concurrent Legislative List (List III) speaks of the purpose of the Union or o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 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 be applie If the 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. Even if it is conceded that the law contemplates only two purposes, namely, State purpose and Union purpose, it is difficult to see how finding accommodation for the staff of a foreign consulate is a Union purpose and not a State purpose. Item I 1 in the Union list specifies diplomatic, consular and trade representation as one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 gene- ral public purpose. In this view also, the requisition in this case must be held to have been validly made. For the reasons given above, the appeal is allowed and the order of Tendolkar J. is restored with costs payable to the appellant by the respondent throughout. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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