GRAHAK SANSTHA MANCH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Writ Petition (C) No. 404 of 1996. President, Association of Allottees of Requisitioned Premises, Bombay v. State of Maharashtra, originated upon a letter written to the then Chief Justice of India. It was treated as a writ petition and numbered accordingly. On 21st July, 1986 rule was issued upon the writ petition and it was referred to a five-Judge Bench for hearing. Accordingly, it comes to be heard by us. The writ petition, in effect, seeks reconsideration of the decision in H. D. Vora v. State of Maharashtra, (1984) 2 SCC 337 : (AIR 1984 SC 866), which was decided by a Bench of two learned Judges of this Court.

(2.) While the aforementioned writ petition concerns premises requisitioned for the purposes of residential use under the Bombay Land Requisition Act, 1948 (hereinafter called "the said Act"). Writ Petition No. 53 of 1993, Grahak Sanstha Manch v. State of Maharashtra, concerns premises requisitioned under the said Act for commercial use. Therein the petitioners are an association of co-operative societies running fair price ration shops in Bombay in premises requisitioned under the said Act. Some of its members are also petitioners and others are respondents. Each of these premises was requisitioned more than 45 years back. Some of these co-operative societies have now been served with a notice by the State Government calling upon them to vacate the premises on or before 26th December, 1992 so that the premises may be derequisitioned. The writ petition prays for a writ of mandamus commanding the State Government not to evict the petitioners from the requisitioned premises. In effect, this writ petition too seeks reconsideration of the judgment in H. D. Vora's case (AIR 1984 SC 866).

(3.) Both writ petitions have been heard together and may conveniently be disposed of by a common judgment.