SATISH MAHADEO RUPWATE Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI (THROUGH THE MUNICIPAL COMMISSIONER)

JUDGEMENT

(1.) These petitions are filed to challenge the judgment and order passed by the City Civil Court in the respective appeals filed by these petitioners under Sec. 105F of The Mumbai Municipal Corporation Act, 1888 ("MMC Act"). The appeals were filed to challenge the eviction order, passed by the Inquiry Officer under Sec. 105B of the MMC Act. All these petitioners are the heirs and legal representatives of the employees of the respondent corporation. Since common questions are involved in all these petitions, they were heard together and are disposed of by this common judgment.

(2.) These petitions have a chequered history; hence, the following facts would be necessary to understand the controversy involved in these petitions:

(3.) Learned senior counsel for the petitioners submitted that various municipal premises were constructed sometime in 1964 at five different locations at Vikhroli Parksite Municipal Colony, Barve Nagar Ghatkopar, Malad Malvani, Mithanagar Goregaon and Deonar, Chembur. According to the learned senior counsel for the petitioners, the structures were constructed under Budget "B" of the Improvements Committee of the Corporation for housing project affected persons. In exercise of powers under Sec. 92 of the MMC Act, a resolution was passed on 7/5/1985 to convert these premises constructed in 1964 into an ownership basis. Accordingly, a resolution was passed by the Improvements Committee on 10/8/1989, and the same was approved by the General Body of the corporation on 1/9/1989. The terms and conditions for converting the structures into ownership basis were finalised by a resolution dtd. 19/12/1991. Accordingly, the occupants of the respective colonies at the five different locations formed co- operative housing societies. These co-operative housing societies prepared proposals for redevelopment and submitted them before the corporation.