B.C. JHAVERI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition under article 226 of the Constitution of India the Petitioners pray for issuance of a Writ of Certiorari or any other Writ in the nature thereof to call for all records and thereafter direct that possession of Flat No.3, admeasuring about 730 Sq.ft. situate at on the first floor of building known as Parna Kutir, Plot No.23, Nagardas Plot Scheme, S.No.31 H.No.1(part) Revision Survey No.28, Andheri, Mumbai 400 069. (for short 'said flat') be handed over to them.

(2.) The facts necessary to appreciate the nature of the relief are that the Respondent Nos.1 to 3 are the authorities exercising powers under the Bombay Land Acquisition Act, 1948. The Respondent No.4 is the Commissioner of Police for whose benefit this said flat was requisitioned by Respondent Nos.1 to 3. Respondent No.5 is the present occupant of the said flat.

(3.) It is undisputed that the said flat was requisitioned by Respondent Nos. 1 and 3 prior to 1962 for the benefit of Respondent No.4. It is claimed that the Respondent No.4 was the government allottee of the said flat.