SHANTILAL KASTURCHAND JAIN JACKSON JAMES AND MAURICE DESOUZA Vs. UNION OF INDIA THE MINISTRY OF RAILWAYS AND THE MUNICIPAL CORPORATION

JUDGEMENT

(1.) RULE. Mr. A. N. Samant, learned counsel, appears and waives service of notice of rule on behalf of respondent Nos. 1 and 2. Mr. M. D. Patil, learned counsel, appears and waives service of notice of rule on behalf of respondent No. 3. In the facts and circumstances, the matters have been taken up for final hearing.

(2.) ALL these petitions have been filed by the petitioners against orders of eviction passed by the Estate Officer (Central Railway), C. S. T. , Bombay, on July 5, 1999 in Eviction Case Nos. 287, 289 and 290 of 1986, and partly confirmed by the Principal Judge of the Bombay City Civil Court at Bombay in Miscellaneous Appeal Nos. 109, 110 and 111 of 1999 on October 10, 2002.

(3.) PROCEEDINGS were initiated against the present petitioners under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as "the Act" ). It was alleged against the petitioners that they were in unauthorised occupation of public premises. Notices were, therefore, issued to show cause as to why they should not be evicted. After following the provisions of law and after affording opportunity of hearing, the Estate Officer came to the conclusion by recording a finding that the petitioners were in unauthorised occupation of public premises and were liable to be evicted. Accordingly, orders of eviction were passed against them. They were also directed to pay damages as per the final order.