MADAN GOPAL AGARWAL vs DISTRICT MAGISTRATE, ALLAHABAD AND OTHERS

The Supreme Court held that Section 3 of the U.P. (Temporary) Accommodation Requisition Act, 1947 implicitly requires notice and a hearing before requisitioning property. The Court emphasized that requisitioning deprives the owner of their right to enjoy their property, which is a cherished right. The absence of an express provision for notice does not negate the necessity for a fair hearing, as the District Magistrate's decision affects the owner significantly. The appeal was allowed, and the requisition order was deemed invalid due to the lack of procedural fairness.