GANGASINGH MOTISINGH Vs. CONTROLLER OF ACCOMMODATION BOMBAY

JUDGEMENT

(1.) GANGASINGH Motisingh, who is the petitioner in this writ petition, claims to be co-owner of the building known as "Lalsingh building" situate at Street No. 404 at 416 C Ward, Lohar Chawl, Kitchen Garden Lane, Bombay with Chandrakumari Harinamsingh (respondent no. 3 herein). By order dated 28.12.1949 (Exh. E), the Assistant Controller of Accommodation (respondent no. 1) requisitioned two godowns on the ground floor of the said building under Section 6(4)(a) of Bombay Land Requisition Act, 1948 (for short, "Act of 1948"). It is the petitioner's case that respondent no.1 cannot hold the requisitioned premises for indefinite period and continuance of the requisitioned premises for more than 50 years now is bad in law. In H.D. Vora v. State of Maharashtra and ors., A.I.R. 1984 S.C. 866, the Apex Court in para 5 of its judgment, observed thus:

(2.) IN Grahak Sanstha Manch and others v. State of Maharashtra, A.I.R. 1994 S.C. 2319, the Apex Court considered the H.D. Vora's case and other judgments and ruled that continuance of order of requisition for as long as 30 years was unreasonable. The Apex Court observed in para 17 thus: "17. For the aforesaid reasons, we hold that the decision in H. D. Vora case does not require reconsideration. We, however, do not approve the observations therein that requisition orders under the said Act cannot be made for a permanent purpose. We make it clear that the said decision does not lay down, as has been argued, a period of 30 years as the outer limit for which a requisition order may continue. The period of 30 years was mentioned in the decision only in the context of the date of the requisition order there concerned. An order of requisition can continue for a reasonable period of time and it was held, as we hold, that the continuance of an order of requisition; for as long as 30 years was unreasonable."

(3.) WE , accordingly, allow the writ petition in the following terms:- (i) The continuance of the requisition of the premises in question is held bad in law. (ii) The respondents 1 and 2 are directed to issue an order of derequisition of the godowns in question viz. C-4 and D-3 in Lalsingh Building at Lohar Chawl,Kitchen Garden Lane, Bombay as expeditiously as possible and in no case later than six weeks from the receipt of the copy of this order. (iii) The respondents 1 and 2 and any other Competent Authority appointed in its behalf is directed to take steps to evict the present occupants of the said godowns and deliver possession thereof to the petitioner. We expect this exercise to be completed within six months from the date of issuance of derequisition order.