Supreme Court of India · 1968-09-24
HARI CHAND AGGARWAL vs BATALA ENGINEERING CO, LTD.
- Citation / case number
- SC 1966/60428
- Court
- Supreme Court of India
- Petitioner
- HARI CHAND AGGARWAL
- Respondent
- BATALA ENGINEERING CO, LTD.
- Bench
- GROVER, A.N.
Judgment text excerpt
The Supreme Court held that the powers conferred under Section 29 of the Defence of India Act, 1962, cannot be exercised by an Additional District Magistrate, as the term 'District Magistrate' in the notification does not include Additional District Magistrates. The Court emphasized that requisitioning powers are drastic and involve fundamental rights under Article 19(1)(f) of the Constitution. The appeal was dismissed, affirming the High Court's decision that the Additional District Magistrate lacked the authority to act under the provisions of the Defence of India Act.