KOMALAM VARDARAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the present writ petition under Article 226 of the Constitution of India the petitioner is challenging the order dated 22nd December, 1995 passed by the 2nd respondent, under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (the said Eviction Act for short), requiring the petitioner and all other persons who may be in occupation of the premises viz. , a flat being Flat No. 6 on the 2nd floor of Patankar Building at Sion, Bombay-400 022 to vacate the same. The petitioner is the widow of one K. Vardarajan (hereinafter referred to as the deceased), who was an employee of the 1st respondent as Accounts Officer during his life time.

(2.) BRIEFLY stated the facts giving rise to the present petition are as follows :-

(3.) BEFORE we deal with the contentions raised by the petitioner before us, it is necessary to refer to certain unreported decisions of this Court cited by Mr. Rana in more or less identical matters. (i) In (Appeal No. 61 of 1984 in Writ Petition No. 1271 of 1981 (filed on the Original Side of this Court) a Division Bench of this Court (Pendse and Kotwal, JJ.) (as they then were), by their unreported judgment dated 1st December, 1987) inter alia held as follows :