The next sub- Section covers calculation of compensation for the aborted occupation. The following proponements have been urged by Ms. But the section does not contain words 377 indicating that this is the meaning contemplated. 2(d) of the 1951 Act that when a candidate offers himself for election in a constituency he does so to fill a particular seat in a constituency. It would seem that according to the learned Judge a room in an hotel within the Act is a room let out to a guest in an hotel, for only a guest bargains for lodging and food and services in an hotel.

Having enumerated the submissions in reply by the first respondent, we must record the submissions of the second respondent, that is, Union of India. In Section 48(1) the taking over of the possession of the land is of seminal significance in that the provision succinctly states that the Government shall be at liberty to withdraw from the acquisition of any land the possession of which has not been taken.

In defining a room in an hotel it does not circumscribe the terms of the letting. The acquisition proceedings including the exclusion of Section 5A had obtained the imprimatur of the Allahabad High Court; the urgency and public purpose had received curial concurrence. It is true that a candidate has to make a deposit for due nomination for election from a constituency but here again the word 'election' must be read as election to fill a seat from a constituency. Pinky Anand, learned ASG.

2006 and, more specifically, the pensioners and on that analysis allowed the writ petitions. I now pass on to the judgment of the High Court. 'If this was the intention,' the tenant would be entirely unprotected. 57 of 1947), which has been made applicable toDelhi, for that Act deals with lodging rates in an hotel which are entirely different from rents payable when hotel rooms are let out. 33 showed that the election was for a constituency and not for a seat but this argument ignores the definition of election which means election to fill a seat and therefore where the word 'election' in a constituency is used it is to be construed as election to fill a seat in a constituency.

2009 issued by the Government of India, Ministry of HRD wherein it was clarified that pay band of Rs. 2008, Notification dated 12. 2009, Letter dated 15. The same position came to be reiterated in Satendra Prasad Jain by a Three Judge Bench of this Court. Das, j In order that a room may be 'a room in a hotel' within the meaning of the Act, it must fulfill two conditions, (1) it must be part of the hotel in the physical sense and, (2) its user must be connected with the general purpose of the hotel of which it is a part, 369 A hair-dresser's business provided one of the amenities of a modern hotel and as such it was connected with the business of the hotel.

37400-67000 is to be given to all those who had already completed three years of service in selection grade prior to 1. 21 This is also in line with a plain reading of Section 17(1), which states that once possession of the land is taken by the Government under Section 17, the land vests absolutely in the Government, free from all encumbrances. A lodger in an hotel is a mere licensee and not a tenant for " there is involved in the term "lodger" that the man must lodge in the house of another "; From the evidence especially of the valuation reports, it appears that of the Amba Gate house 5,800 square feet of land were open and of the Chawl 12,000 square feet of land were open, Valuation of building land with structures by capitalising the rental may yield a reliable basis for ascertaining the value of the land together with the structures only if the land is developed to its full capacity by erection of structures.

These various sections indicate therefore and particularly the definition of the word election in s. The area of the land of the Amba Gate house is 9,037 square feet, the area of the land at Chawl is 23,805 square feet, and the area of land of Dhanraj Lane house is 817 square feet, There is no clear evidence on the record about the precise area of the lands covered by the structures, but it is conceded that the structures stood on an area less than one-half of the total area of the land.

The emphasis is again on a seat. After the remit, the learned Single Judge adverted to the rival submissions, considered the Regulations of 2010, paragraph 5 of the Memorandum dated 12. Ex hypothesi he would be outside the protection of the Act. 33 makes it clear that a candidate cannot be qualified to be chosen to fill a reserved seat in a constituency unless he makes a particular declaration. , who delivered the judgment, thought that a room Law firms in Supreme Cour of Indiat an hotel would be within the definition if it was let out to a person to whom board or other service was also given.

Though he would be for all practical purposes a boarder in an hotel,the would also be outside the protection of the cognate Act, The Bombay Rents, Hotels and Lodging House, Rates Control Act, 1947 (Bom.