GAJENDRAKUMAR PRIBHOVANDAS BHAMMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE building "mukund Mansion", formerly known as "hirji Mansion" situate at 14, Darabshaw Lane, Off, Napean Sea Road, Bombay, was previously owned by one Morarji Cooverji. This property was purchased by the petitioners together with 4th and 5th respondents by registered Deed of Conveyance dated 27th December, 1962 and thereby became owners of the said property.

(2.) THE 1st and 2nd respondents by order dated 26th December, 1951, requisitioned one Flat Bearing No. 5 on the second floor of the said building in purported exercise of its power under sub-section (4) (a) of section 6 of the Bombay Land Requisition Act, 1948 (for short "act of 1948" ). The said order of requisition had been challenged by Morarji Cooverji, the predecessor in title of the petitioners, in Miscellaneous Petition No. 53 of 1959. A consent order came to be passed on 9th December, 1959. In pursuance thereof 1st and 2nd respondents de-requisitioned flat No. 5 on the second floor of the said building and handed over possession thereof to said Morarji Cooverji. In turn simultaneously Morarji Cooverji gave vacant possession of the flat No. 2 on the ground floor to the 1st and 2nd respondents. The flat No. 2 on the ground floor is the subject matter of the instant writ petition (for short "said flat" ). In pursuance of the consent order passed by this Court, the 2nd respondent issued order dated 29th February, 1960 thereby requisitioned the said flat, under Clause (a) of sub-section (4) of section 6 of the Act of 1948, for the public purpose, namely for housing Government servants.

(3.) THE said flat at the relevant time was in possession of R. R. Garde who was put in possession by the allotment order dated 3rd January, 1970. On 24th July, 1991, the order of eviction under section 8 (c) of the Act of 1948 was passed as the allottee had acquired an alternative accommodation of his own and his continuance in the requisitioned premises was, therefore, not in confirmity with the purpose of the requisitioning. Significantly, a copy of the order of eviction passed against Shri Garde was endorsed to Kiran Kumar Tulpule 4th respondent and others, namely the co-owners comprising of the petitioners and 4th and 5th respondents. The copy of the order of eviction was not endorsed to 3rd respondent, who is son of the erstwhile owner of the building Mukund Mansion. The petitioner, in August 1991, informed the 2nd respondent not to hand over possession of the said flat to any other person. The 2nd respondent, in turn by letter dated 6th September, 1991 informed the petitioners that 3rd respondent by his letter dated 13th August, 1991, claimed possession of the said premises in pursuance of the order passed by this Court in Miscellaneous Petition No. 53 of 1959. The said letter further informed the petitioner that the premises will be restored to the right person, only after holding necessary enquiries, as contemplated under section 9 (1) of the Act of 1948, and after giving an opportunity of being heard to all concerned. A letter dated 6th September, 1991, was addressed to the petitioner No. 3.