Satyawati Sharma (Dead) By Lrs vs Union Of India & Another on 16 April, 2008
Therefore,
the reason/cause which prompted the Division Bench of the High Court to
sustain the differentiation/classification of the premises with reference to
the purpose of their user, is no longer available for negating the challenge to
Section 14(1)(e) on the ground of violation of Article 14 of the Constitution,
and we cannot uphold such arbitrary classification ignoring the ratio of
Harbilas Rai Bansal vs. State of Punjab (supra), which was reiterated in
Joginder Pal vs. Naval Kishore Behal (supra) and approved by three-
Judges Bench in Rakesh Vij vs. Dr. Raminder Pal Singh Sethi (supra). In
our considered view, the discrimination which was latent in Section 14(1)(e)
at the time of enactment of 1958 Act has, with the passage of time (almost
50 years) has become so pronounced that the impugned provision cannot be
treated intra vires Article 14 of the Constitution by applying any rational
criteria.