SHEKHAR SHAH Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns the show cause notice dated 23rd June, 2014 of the respondent to the petitioner under Sec. 4(2) (b) (ii) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act) with respect to Kum Kum Bungalow and the open portion of land appurtenant thereto at the north -east corner of Sirmur plot, forming part of and within the boundaries of New Maharashtra Sadan, Kasturba Gandhi Marg, 7, Faridkot House Lane, Copernicus Marg, New Delhi and seeks quashing thereof.

(2.) Notice of the petition was issued and vide order dated 2nd July, 2014, the impugned notice stayed. Counter affidavit was filed by the respondent; though the petitioner availed of opportunity to file rejoinder but no rejoinder was filed. None appeared for the respondent when the matter came up on 24th August, 2015. However considering that ordinarily writ petitions at the show cause notice stage are not entertained and that the petitioner was also enjoying stay of proceedings pursuant to the show cause notice under PP Act, it was not deemed appropriate to await the counsel for the respondent and the counsel for the petitioner was heard and judgment reserved with liberty to the counsels to file written arguments. Though the counsel for the petitioner has filed written arguments also, the counsel for the respondent has not done so also. Notwithstanding the anxiety shown by me on 24th August, 2015, on account of remaining busy in other work, judgment remained to be pronounced.

(3.) It is the case of the petitioner i) that the property under dispute i.e. Kum Kum Bungalow, 7 Faridkot House Lane, Copernicus Marg, New Delhi is owned, occupied and possessed by the petitioner and has been in the ownership and possession of predecessor in interest viz. Sh. Harin J. Shah of the petitioner who occupied and possessed the same since 1940 through Maharaja Pratapsinhrao Gaekwad, this being the Maharaja's personal property; ii) that ownership of Late Sh. Harin Shah was recognized by the Maharaja and his successors and the New Delhi Municipal Committee was also directed to collect property tax from Late Sh. Harin J. Shah; iii) that the property tax, water and electricity dues were accordingly raised in the name of Late Sh. Harin Shah and continued to be so without interruption; iv) that there have been unsuccessful legal claims for possession of the property by Union of India (UOI) and the State of Gujarat, which claims were withdrawn on the ground of non -clarity of title of UOI and the State of Gujarat; v) that liberty sought by the UOI and the State of Gujarat from the Court to re -present the claim was never availed; vi) that the UOI through the Ministry of Housing, Government of India replied on the very floor of Parliament viz. Rajya Sabha, in reply to unstarred question No. 1296 on Wednesday, the 11th December, 1974, that the disputed property / premises did not belong to the UOI; vii) that the matter with regard to the same property is pending adjudication in CS(OS) No. 1193/2008 titled State of Maharashtra Vs. Harin Shah for the reliefs of declaration of title, possession and damages and in which suit Issues had been framed on 1st August, 1996; viii) that while the title to the property in question is pending adjudication in the suit, it is totally and completely gross abuse of the provisions of the PP Act to have issued notice thereunder; ix) that thus the impugned notice is without jurisdiction; x) that by invoking PP Act, process of law in the civil Court cannot be bypassed; xi) that the notice is without jurisdiction since the premises are not public premises; and, xii) that the Estate Officer is not competent to decide the issue of title which has not been adjudicated by the Civil Court till now.