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7. It is now not in dispute that when an Act is assailed as class or special legislation, the attack is usually based on the claim that there are persons or things similarly situated to those embraced in the Act, and which by the terms of the Act are excluded from its operation. the present contention also is based on such a claim.

8. The question then is whether the persons or things embraced by the impugned Act form by themselves a proper and legitimate class with reference to the object and purpose of the Act. Constitution forbids class legislation. But, it does not forbid a reasonable and proper classification of the object of legislation. There is no prohibition in the Constitution to enact a special law in a case where the general law of the same subject exists. Although thus the Land Acquisition Act is a general Act, its existence does not forbid the State Legislature from enacting a special legislation operating within a restricted field. There is, however, a restriction that such a law should not be discriminatory so as to attract the wrath of Article 14. Article 14 provides that a law shall have uniform operation so that an equal protection of the laws shall not be denied to any person. This Article naturally has given rise to problems of classification.

12. Let us then examine whether the classification of slum area with an object of its improvement is without any reasonable basis and does not apply alike to all those belonging to the class who have land or building in the slum area.

13. The problem of slums is worrying all the growing towns and cities all over. In spite of some efforts on the normal lines it has remained one of the most baffling and complicated problems of the modern times. Its enormous magnitude and bewildering complicity in underdeveloped and haphazardly growing towns and cities in the State makes the task of tackling it really Herculean. It does not need much argument to conclude that a considerable population is living in slums which are totally unfit for human habitation. The overcrowed figures in the congested areas of towns and cities are simply appalling. Their eradication involves huge sums and enormous efforts. If they are not tackled devising special methods no one can doubt that they will continue to crop up like cancerous growth notwithstanding the surgery that is performed on one or two units in the traditional and normal course. What is alarming is that with growth and expansion of industries in the cities the conditions of these slums are fast deteriorating.

Slums present a special problem and involve huge finances and various administrative problems and it is because of these conditions that the wording is used thus making the provision an enabling one. If it is not a alum area, it is obvious that section 3 will not apply. On the other hand, if it is a alum area, then it will attract section 3. We are therefore satisfied that section itself vests no discretion in the Government to acquire the land in a slum area wither under the impugned Act or under the Land Acquisition Act. In these circumstances the apprehension voiced by the learned Advocates for the petitioners has no basis whatsoever.

"It may b e as the learned counsel contends the Amending Act was passed to meet an urgent demand and to find a way out to clear up slums, a problem which has been baffling the City authorities for a long number of years, because of want of funds. But the Act as finally evolved is not confined to any such problem. Under the Amending Act lands can be acquired for housing schemes whether the object is to clear slums or to improve housing facilities in the City for rich or poor".

36. It will thus be clear that if the Amending Act had confined itself only to the problem of slum clearance their Lordships perhaps were inclined to take the view which we have taken in this case. As the Amending Act was not so restricted but was applicable to housing schemes in general, the Supreme Court held that discrimination was writ large on the Amending Act and found that it could not be sustained on the principle of reasonable classification.