LAWS(BOM)-2021-2-268

KIRAN KUMARI Vs. UNION OF INDIA

Decided On February 03, 2021
KIRAN KUMARI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petition raises challenge to the order dated 25/2/2020 passed by the Bombay City Civil Court in Misc. Appeal No. 167 of 2019 at the behest of the Petitioner wherein order of eviction passed under Section 5 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as "the said Act" for the sake of brevity) came to be confirmed.

(2.) The facts necessary for deciding the present Petition are as under:-

(3.) According to the Petitioner, by virtue of an agreement dated 14/5/1973, she was permitted to run Hindustan Petroleum Gas Agency at Shop T-19/19 in Regimental Shop in old Navy Nagar, Colaba, Mumbai (hereinafter referred to as "shop" for the sake of brevity). It is the case of the Petitioner that leave and license agreement was continued from time to time and the said period was to come to an end on 30/4/2019. The Respondents were in need of the said area as they intend to develop integrated multi-utility complex. Hence, eviction of the Petitioner was sought and notice was served on the Petitioner under Section 4 of the said Act.