BHARAT PANDURANG KADAM Vs. MUMBAI PORTS AUTHORITY

JUDGEMENT

(1.) The Petitioners seek review of the Order dated 10 th January 2025 whereby the Petition was dismissed with a direction to comply with the impugned eviction notice dtd. 30/10/2023 issued by the Respondent No.1 and vacate the premises within a period of four months from the date of uploading the said Order. The said Order was uploaded on 13/1/2025.

(2.) The original Petition assailed the eviction notice issued by the Respondent No.1 under Bye-law No.9 of its general Bye-laws. A Co- ordinate Bench of this Court in the matter of Khurshid Ahmed Maksud Ahmed Khan v. Mumbai Port Authority and Ors., in which case similar action was assailed by other set of Petitioners, had held that, the Petitioners have no legal right to continue to encroach the land belonging to the Respondent No.1 and there is no material to indicate that, there was any lease, license or allotment in favour of the Petitioners regarding the premises.

(3.) The Petitioners in the present Petition also did not have any material to establish their legal rights or entitlement to occupy the said premises. There were other Petitions, also dismissed by a Co-ordinate Bench of this Court on the same ground. These decisions were assailed in the Supreme Court by way of filing Special Leave Petitions (C) No.15137 of 2018. The Supreme Court by its Order dated 11 th June 2018 dismissed the said Petitions only extending the time to vacate granted by this Court by a further period of three months from the date of its Order. 1 Writ Petition (L) No.6883 of 2024.