STATE OF MAHARASHTRA Vs. MARWANJEE P DESAI

JUDGEMENT

(1.) The issue presently before this Court pertains to the scope and ambit of Section 7 of the Bombay Government Premises (Eviction) Act, 1955 and its applicability therefor viz-a-viz an order of 'dropping of proceedings' in terms of a notice issued under Section 4 of the Act of 1955 and resultant dismissal of the proceeding initiated for dispossession from the government premises. The High Court however, answered it in the negative and in favour of the occupants. Hence the appeals before this Court upon the grant of special leave.

(2.) Adverting to the factual score broadly it appears that various plots of land belonging to the State Government in Byculla Division, Bombay was leased out to several occupants and were in their occupation since 1968. Since the Government wanted the plot for a public purpose, the Competent Authority issued a show-cause notice to the occupants under sub-section (2) of Section 4 of the Act, on 26th November, 1979 and the former however, dropped the proceeding by an order dated December 16, 1980. The State Government being dissatisfied therewith preferred an appeal under Section 7 of the Act to the Principal Judge of the City Civil Court, Bombay, wherein a preliminary objection was raised by the occupants as to the maintainability of the appeal. The objection, however, was overruled by the learned Judge and thereupon the respondents herein moved the High Court under Article 226 of the Constitution : the High Court in its turn allowed the writ petition upon recording inter alia the following : "neither under Section 7 of the Act nor under any other provisions of the enactment, a right to prefer an appeal against any of the decisions of the competent authority has been conferred on the State Government."

(3.) Incidentally, it be noted that the introduction of the legislation (Bombay Public Premises Act) on to the Statute Book was effected solely with the purpose of empowering the Government to evict the unauthorised occupants from its property without taking recourse to any lengthy legal process by way of civil suits in the civil Courts. The machinery provided for in terms of the statute, cannot but be termed to be a quasi legal/judicial authority as we will shortly notice, but before so doing, let us have a look at the view as expressed by the High Court pertaining thereto :