AAMENABAI TAYEBALY Vs. COMPETENT AUTHORITY UNDER SAFEMA

JUDGEMENT

(1.) This appeal by special leave seeks to challenge judgment and order rendered by a Division Bench of the Bombay High Court in Writ Petition No. 2841 of 1982. By the impugned judgment the order of respondent-competent authority forfeiting the property in question under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as 'SAFEMA') came to be confirmed.

(2.) In order to appreciate the grievance of the appellants it is necessary to note a few introductory facts.

(3.) One Talab Haji Hussein Sumbhania was detained (under) Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA') by the Government of Gujarat by order dated 02nd April 1976. Before the said order of detention, the second wife of said Talab Haji Hussein, Tahira Sultana, purchased a flat being Flat No. 25 in Dharam Jyoti Premises Co-operative Housing Society, Bandra, Bombay in February 1975 for a consideration of Rs. 88,562/-. On 15th February 1977 the competent authority issued a notice under S. 6(1) of SAFEMA to the said Tahira Sultana calling upon her to show cause why the said flat purchased in her name should not be forfeited as illegally acquired property of the COFEPOSA detenu, her husband, the aforesaid Talab Haji Hussein. After hearing said Tahira Sultana the competent authority passed an order under S. 7 of the SAFEMA on 12th October 1977 holding that the said property was illegally acquired property and, therefore, it stood forfeited to the Central Government free from all encumbrances as laid down under S. 7(3) of SAFEMA. Said Tahira Sultana challenged the aforesaid order of forfeiture by filing a Misc. Petition No. 1680 of 1977 on the Original Side of the Bombay High Court. In the writ petition she challenged both the order of detention of her husband as well as the order of forfeiture of the said property standing in her name. The said writ petition was moved in December 1977. The High Court of Bombay admitted the said writ petition of Tahira Sultana on 3rd March 1978 and stayed the order of forfeiture of the said property on an undertaking by her that she would not dispose of or alienate or encumber or part with the right, title and interest in the said flat pending the final disposal of the writ petition.