MEHER RUSI DALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are against a judgment of the Bombay High Court dated 6th July, 1998.

(2.) Briefly stated the facts are as follows : One Jerbano Cursetji and Dr. K. J. Cursetji were granted a lease in perpetuity by the Municipal Authority of Bombay in the year 1932. On 11th January, 1938 the property was taken over by the Defence Department for war purposes. The Defence Department paid a sum of Rs. 1,903/- per annum and such payment have been made till 1994. In 1980 a notice to quit out was given to the Defence Department. Thereafter in 1982 a Writ Petition No. 919/1982 was filed for directions that the property be acquired or the possession be handed back. In that writ petition a statement was made, on the basis of the written instructions received from the Union of India, that the land would be acquired. On this statement the writ petition was withdrawn.

(3.) The land was still not acquired. Therefore on 8th June, 1994 Jerbano Cursetji filed Writ Petition No. 1733/1994 for directions that in compliance with the statement made earlier the land be acquired or the possession be handed back. After this writ petition was filed, on 3rd November, 1994, Jerbano Cursetji died. It must be mentioned that her husband Dr. K. J. Cursetji had died earlier to the filing of the writ petition.