BHARAT PUROHIT MITHAIWALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Suresh Kumar waives service of rule on behalf of the respondents. Heard by consent.

(2.) The petitioner has challenged the order of the learned 2nd Addl. Principal Judge, city Civil Court, Mumbai, dated 3-10-2003 in misc. Appeal No. 201 of 2003 by which the appellate Court has upheld the eviction order dated 25-7-2003 directing the petitioner to remove the unauthorised construction from the railway land.

(3.) Mr. Panday, learned counsel for the petitioner, submitted that the entire proceedings initiated by the Estate Officer under the Public Premises (Eviction of Unauthorised occupants) Act, 1971, hereinafter referred to as the "act", is vitiated since the petitioner's structure was in existence in the year 1978. According to the learned counsel, the respondents were not entitled to issue a notice to the petitioner to remove his unauthorised construction under section 5-A of the Act which was subsequently inserted by Act no. 61 of 1980 and brought into force with effect from 20-12-1980.